Ark. Code Ann. § 20-59-606 — AR Code / Title 20 / Chapter 59 / Subchapter 6 / Section 20-59-606
Criminal penalties
Status: in_force

Any milk processor failing to establish an escrow account upon receipt of notification of a dairy farmer pursuant to the provisions of this subchapter or who fails to continue to make the payments until the dairy farmer has received full payment of the purchase price, upon conviction shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed one (1) year, or both fine and imprisonment. Acts 1989, No. 4, § 6.

Any milk processor failing to establish an escrow account upon receipt of notification of a dairy farmer pursuant to the provisions of this subchapter or who fails to continue to make the payments until the dairy farmer has received full payment of the purchase price, upon conviction shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed one (1) year, or both fine and imprisonment.

Acts 1989, No. 4, § 6.
Ark. Code Ann. § 20-47-403 — AR Code / Title 20 / Chapter 47 / Subchapter 4 / Section 20-47-403
Commitment to United States Department of Veterans Affairs and certain other federal hospitals - Judgment or order
Status: in_force

(a) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the United States Department of Veterans Affairs or other agency of the United States Government for care or treatment shall have the same force and effect in relation to the committed person while in this state as exists in the jurisdiction in which is situated the court entering the judgment or making the order. (b) The courts of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person and of determining the necessity for continuance of his or her restraint, as is provided in § 20-47-402 with respect to persons committed by the courts of this state. (c) Consent is given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the United States Department of Veterans Affairs or of any institution operated in this state by any other agency of the United States, to retain custody, or to transfer, parole, or discharge the committed person. Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.

(a) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the United States Department of Veterans Affairs or other agency of the United States Government for care or treatment shall have the same force and effect in relation to the committed person while in this state as exists in the jurisdiction in which is situated the court entering the judgment or making the order.

(b) The courts of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person and of determining the necessity for continuance of his or her restraint, as is provided in § 20-47-402 with respect to persons committed by the courts of this state.

(c) Consent is given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the United States Department of Veterans Affairs or of any institution operated in this state by any other agency of the United States, to retain custody, or to transfer, parole, or discharge the committed person.

Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.
Ark. Code Ann. § 20-7-103 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-103
Members - Officers
Status: in_force

(a) The members of the State Board of Health shall elect one (1) of the members as president. (b) (1) The State Board of Health shall nominate to the Governor a Director of the Department of Health. (2) (A) The Governor shall appoint the director who shall serve at the pleasure of the Governor. (B) The director shall report to the Secretary of the Department of Health. (C) The Secretary of the Department of Health may serve as the director if the Governor determines all statutory requirements are fulfilled. (3) The director may: (A) Serve as the State Health Officer; (B) Serve as the Secretary for the State Board of Health but shall not sit as a member of the State Board of Health; and (C) (i) (a) Be a licensed medical doctor who is a graduate of a school of medicine recognized by the Arkansas State Medical Board; (b) Hold a graduate degree in public health or a graduate degree in a recognized public health discipline from an accredited college or university or have equivalent knowledge and experience in public health as determined by the Secretary of the Department of Health; and (c) Have experience in the practice of public health and in leadership and management, the sufficiency of which shall be determined by the Secretary of the Department of Health; or (ii) Hold a doctoral degree in public health or a doctoral degree in a recognized public health discipline from an accredited college or university with at least five (5) years of experience in the practice of public health and at least ten (10) years of experience in the leadership and management of a large complex organization, the sufficiency of which shall be determined by the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 4924, eff. 7/1/2019. Amended by Act 2013, No. 435,§ 1, eff. 8/16/2013. Acts 1913, No. 96, § 2; C. & M. Dig., § 5126; Acts 1929, No. 109, § 1; Pope's Dig., § 6389; Acts 1949, No. 302, § 2; 1959, No. 186, § 2; 1979, No. 198, § 1; A.S.A. 1947, § 82-103; Acts 2005, No. 1954, § 5; 2007, No. 384, § 4.

(a) The members of the State Board of Health shall elect one (1) of the members as president.

(b) (1) The State Board of Health shall nominate to the Governor a Director of the Department of Health. (2) (A) The Governor shall appoint the director who shall serve at the pleasure of the Governor. (B) The director shall report to the Secretary of the Department of Health. (C) The Secretary of the Department of Health may serve as the director if the Governor determines all statutory requirements are fulfilled. (3) The director may: (A) Serve as the State Health Officer; (B) Serve as the Secretary for the State Board of Health but shall not sit as a member of the State Board of Health; and (C) (i) (a) Be a licensed medical doctor who is a graduate of a school of medicine recognized by the Arkansas State Medical Board; (b) Hold a graduate degree in public health or a graduate degree in a recognized public health discipline from an accredited college or university or have equivalent knowledge and experience in public health as determined by the Secretary of the Department of Health; and (c) Have experience in the practice of public health and in leadership and management, the sufficiency of which shall be determined by the Secretary of the Department of Health; or (ii) Hold a doctoral degree in public health or a doctoral degree in a recognized public health discipline from an accredited college or university with at least five (5) years of experience in the practice of public health and at least ten (10) years of experience in the leadership and management of a large complex organization, the sufficiency of which shall be determined by the Secretary of the Department of Health.

(1) The State Board of Health shall nominate to the Governor a Director of the Department of Health.

(2) (A) The Governor shall appoint the director who shall serve at the pleasure of the Governor. (B) The director shall report to the Secretary of the Department of Health. (C) The Secretary of the Department of Health may serve as the director if the Governor determines all statutory requirements are fulfilled.

(A) The Governor shall appoint the director who shall serve at the pleasure of the Governor.

(B) The director shall report to the Secretary of the Department of Health.

(C) The Secretary of the Department of Health may serve as the director if the Governor determines all statutory requirements are fulfilled.

(3) The director may: (A) Serve as the State Health Officer; (B) Serve as the Secretary for the State Board of Health but shall not sit as a member of the State Board of Health; and (C) (i) (a) Be a licensed medical doctor who is a graduate of a school of medicine recognized by the Arkansas State Medical Board; (b) Hold a graduate degree in public health or a graduate degree in a recognized public health discipline from an accredited college or university or have equivalent knowledge and experience in public health as determined by the Secretary of the Department of Health; and (c) Have experience in the practice of public health and in leadership and management, the sufficiency of which shall be determined by the Secretary of the Department of Health; or (ii) Hold a doctoral degree in public health or a doctoral degree in a recognized public health discipline from an accredited college or university with at least five (5) years of experience in the practice of public health and at least ten (10) years of experience in the leadership and management of a large complex organization, the sufficiency of which shall be determined by the Secretary of the Department of Health.

(A) Serve as the State Health Officer;

(B) Serve as the Secretary for the State Board of Health but shall not sit as a member of the State Board of Health; and

(C) (i) (a) Be a licensed medical doctor who is a graduate of a school of medicine recognized by the Arkansas State Medical Board; (b) Hold a graduate degree in public health or a graduate degree in a recognized public health discipline from an accredited college or university or have equivalent knowledge and experience in public health as determined by the Secretary of the Department of Health; and (c) Have experience in the practice of public health and in leadership and management, the sufficiency of which shall be determined by the Secretary of the Department of Health; or (ii) Hold a doctoral degree in public health or a doctoral degree in a recognized public health discipline from an accredited college or university with at least five (5) years of experience in the practice of public health and at least ten (10) years of experience in the leadership and management of a large complex organization, the sufficiency of which shall be determined by the Secretary of the Department of Health.

(i) (a) Be a licensed medical doctor who is a graduate of a school of medicine recognized by the Arkansas State Medical Board; (b) Hold a graduate degree in public health or a graduate degree in a recognized public health discipline from an accredited college or university or have equivalent knowledge and experience in public health as determined by the Secretary of the Department of Health; and (c) Have experience in the practice of public health and in leadership and management, the sufficiency of which shall be determined by the Secretary of the Department of Health; or

(a) Be a licensed medical doctor who is a graduate of a school of medicine recognized by the Arkansas State Medical Board;

(b) Hold a graduate degree in public health or a graduate degree in a recognized public health discipline from an accredited college or university or have equivalent knowledge and experience in public health as determined by the Secretary of the Department of Health; and

(c) Have experience in the practice of public health and in leadership and management, the sufficiency of which shall be determined by the Secretary of the Department of Health; or

(ii) Hold a doctoral degree in public health or a doctoral degree in a recognized public health discipline from an accredited college or university with at least five (5) years of experience in the practice of public health and at least ten (10) years of experience in the leadership and management of a large complex organization, the sufficiency of which shall be determined by the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 4924, eff. 7/1/2019.

Amended by Act 2013, No. 435,§ 1, eff. 8/16/2013.

Acts 1913, No. 96, § 2; C. & M. Dig., § 5126; Acts 1929, No. 109, § 1; Pope's Dig., § 6389; Acts 1949, No. 302, § 2; 1959, No. 186, § 2; 1979, No. 198, § 1; A.S.A. 1947, § 82-103; Acts 2005, No. 1954, § 5; 2007, No. 384, § 4.
Ark. Code Ann. § 20-15-1001 — AR Code / Title 20 / Chapter 15 / Subchapter 10 / Section 20-15-1001
Legislative findings and intent
Status: in_force

The General Assembly finds and declares that: (1) Breast cancer, according to the American Cancer Society, is the second leading cause of death among women in the United States; (2) One (1) American woman in ten (10) will develop breast cancer in her lifetime; (3) Mammography provides the earliest detection of breast cancer; (4) Screening using mammography can significantly cut the death rate of women with breast cancer, especially for women with small tumors that have not invaded the lymph nodes and who have a ninety percent (90%) chance of surviving at least five (5) years when such tumors are diagnosed and removed; (5) Both the American Cancer Society and the National Cancer Institute have developed age and frequency guidelines for mammogram screening, and those guidelines have been incorporated in this subchapter; and (6) Therefore it is in the best interest for the general health and welfare of the people of the State of Arkansas that legislation be enacted encouraging health insurance coverage for screening mammography. Acts 1989, No. 292, § 1.

The General Assembly finds and declares that:

(1) Breast cancer, according to the American Cancer Society, is the second leading cause of death among women in the United States;

(2) One (1) American woman in ten (10) will develop breast cancer in her lifetime;

(3) Mammography provides the earliest detection of breast cancer;

(4) Screening using mammography can significantly cut the death rate of women with breast cancer, especially for women with small tumors that have not invaded the lymph nodes and who have a ninety percent (90%) chance of surviving at least five (5) years when such tumors are diagnosed and removed;

(5) Both the American Cancer Society and the National Cancer Institute have developed age and frequency guidelines for mammogram screening, and those guidelines have been incorporated in this subchapter; and

(6) Therefore it is in the best interest for the general health and welfare of the people of the State of Arkansas that legislation be enacted encouraging health insurance coverage for screening mammography.

Acts 1989, No. 292, § 1.
Ark. Code Ann. § 20-16-807 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-807
Notice post-emergency
Status: in_force

(a) (1) Consent is not required under this subchapter if the attending physician certifies in the medical record of the pregnant woman that a medical emergency exists and there is insufficient time to obtain the required consent. (2) However, within twenty-four (24) hours after the completion of the abortion, the physician shall notify one (1) of the parents or the legal guardian of the minor or incompetent woman in the manner provided in this subchapter that a medical emergency abortion was performed on the pregnant woman and of the circumstances that warranted invocation of this section. (b) (1) Unless the minor or incompetent woman gives notice of her intent to seek a judicial waiver under § 20-16-809 , the physician shall verbally inform the parent or legal guardian of the minor or incompetent woman within twenty-four (24) hours after the performance of a medical emergency abortion that an abortion was performed on the minor or incompetent woman. (2) The physician shall: (A) Inform the parent or legal guardian of the basis for the certification of the physician required under subsection (a) of this section and provide details regarding any additional risks to the pregnant woman; and (B) Send a written notice of the performed abortion to the last known address of the parent or legal guardian by certified mail with restricted delivery and return receipt requested. (c) If the minor or incompetent woman gives notice to the physician of her intent to seek a judicial waiver under this subchapter, the physician shall: (1) File a notice with a judge of a court that the minor has given notice; and (2) Provide the information to the court that the physician would have been required to provide to the parent or legal guardian under subsection (b) of this section if the minor or incompetent woman had not given her intent to seek a judicial waiver. (d) (1) The court shall expeditiously schedule a confidential conference with notice to the minor or incompetent woman and the physician. (2) If the minor or incompetent woman is able to participate in the proceedings, the court shall advise the minor or incompetent woman that she has the right to a court-appointed counsel and, upon her request, shall provide the minor or incompetent with a court-appointed counsel. (3) If the minor or incompetent woman is unable to participate in the proceedings, the court shall appoint counsel on behalf of the minor or incompetent woman. (e) (1) After an appropriate hearing, the court, taking into account the medical condition of the minor or incompetent woman, shall set a deadline by which the minor or incompetent woman may file a petition or motion under this subchapter. (2) The court may subsequently extend the deadline in light of the medical condition of the minor or incompetent woman or other equitable considerations. (3) If the minor or incompetent woman does not file a petition or motion by the deadline, either in the court or in another court with a copy filed in the original court, the court shall direct that the court clerk provide the notice to the parent or legal guardian. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) (1) Consent is not required under this subchapter if the attending physician certifies in the medical record of the pregnant woman that a medical emergency exists and there is insufficient time to obtain the required consent. (2) However, within twenty-four (24) hours after the completion of the abortion, the physician shall notify one (1) of the parents or the legal guardian of the minor or incompetent woman in the manner provided in this subchapter that a medical emergency abortion was performed on the pregnant woman and of the circumstances that warranted invocation of this section.

(1) Consent is not required under this subchapter if the attending physician certifies in the medical record of the pregnant woman that a medical emergency exists and there is insufficient time to obtain the required consent.

(2) However, within twenty-four (24) hours after the completion of the abortion, the physician shall notify one (1) of the parents or the legal guardian of the minor or incompetent woman in the manner provided in this subchapter that a medical emergency abortion was performed on the pregnant woman and of the circumstances that warranted invocation of this section.

(b) (1) Unless the minor or incompetent woman gives notice of her intent to seek a judicial waiver under § 20-16-809 , the physician shall verbally inform the parent or legal guardian of the minor or incompetent woman within twenty-four (24) hours after the performance of a medical emergency abortion that an abortion was performed on the minor or incompetent woman. (2) The physician shall: (A) Inform the parent or legal guardian of the basis for the certification of the physician required under subsection (a) of this section and provide details regarding any additional risks to the pregnant woman; and (B) Send a written notice of the performed abortion to the last known address of the parent or legal guardian by certified mail with restricted delivery and return receipt requested.

(1) Unless the minor or incompetent woman gives notice of her intent to seek a judicial waiver under § 20-16-809 , the physician shall verbally inform the parent or legal guardian of the minor or incompetent woman within twenty-four (24) hours after the performance of a medical emergency abortion that an abortion was performed on the minor or incompetent woman.

(2) The physician shall: (A) Inform the parent or legal guardian of the basis for the certification of the physician required under subsection (a) of this section and provide details regarding any additional risks to the pregnant woman; and (B) Send a written notice of the performed abortion to the last known address of the parent or legal guardian by certified mail with restricted delivery and return receipt requested.

(A) Inform the parent or legal guardian of the basis for the certification of the physician required under subsection (a) of this section and provide details regarding any additional risks to the pregnant woman; and

(B) Send a written notice of the performed abortion to the last known address of the parent or legal guardian by certified mail with restricted delivery and return receipt requested.

(c) If the minor or incompetent woman gives notice to the physician of her intent to seek a judicial waiver under this subchapter, the physician shall: (1) File a notice with a judge of a court that the minor has given notice; and (2) Provide the information to the court that the physician would have been required to provide to the parent or legal guardian under subsection (b) of this section if the minor or incompetent woman had not given her intent to seek a judicial waiver.

(1) File a notice with a judge of a court that the minor has given notice; and

(2) Provide the information to the court that the physician would have been required to provide to the parent or legal guardian under subsection (b) of this section if the minor or incompetent woman had not given her intent to seek a judicial waiver.

(d) (1) The court shall expeditiously schedule a confidential conference with notice to the minor or incompetent woman and the physician. (2) If the minor or incompetent woman is able to participate in the proceedings, the court shall advise the minor or incompetent woman that she has the right to a court-appointed counsel and, upon her request, shall provide the minor or incompetent with a court-appointed counsel. (3) If the minor or incompetent woman is unable to participate in the proceedings, the court shall appoint counsel on behalf of the minor or incompetent woman.

(1) The court shall expeditiously schedule a confidential conference with notice to the minor or incompetent woman and the physician.

(2) If the minor or incompetent woman is able to participate in the proceedings, the court shall advise the minor or incompetent woman that she has the right to a court-appointed counsel and, upon her request, shall provide the minor or incompetent with a court-appointed counsel.

(3) If the minor or incompetent woman is unable to participate in the proceedings, the court shall appoint counsel on behalf of the minor or incompetent woman.

(e) (1) After an appropriate hearing, the court, taking into account the medical condition of the minor or incompetent woman, shall set a deadline by which the minor or incompetent woman may file a petition or motion under this subchapter. (2) The court may subsequently extend the deadline in light of the medical condition of the minor or incompetent woman or other equitable considerations. (3) If the minor or incompetent woman does not file a petition or motion by the deadline, either in the court or in another court with a copy filed in the original court, the court shall direct that the court clerk provide the notice to the parent or legal guardian.

(1) After an appropriate hearing, the court, taking into account the medical condition of the minor or incompetent woman, shall set a deadline by which the minor or incompetent woman may file a petition or motion under this subchapter.

(2) The court may subsequently extend the deadline in light of the medical condition of the minor or incompetent woman or other equitable considerations.

(3) If the minor or incompetent woman does not file a petition or motion by the deadline, either in the court or in another court with a copy filed in the original court, the court shall direct that the court clerk provide the notice to the parent or legal guardian.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-46-301 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-301
Department of Human Services - Division of Aging, Adult, and Behavioral Health Services - Powers and duties
Status: in_force

(a) The Department of Human Services shall have the authority and power to create and maintain the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and to provide services for community mental health clinics and centers, which shall be administered through such divisions, offices, sections, or units of the Department of Human Services as may be determined by the Secretary of the Department of Human Services. (b) The Department of Human Services shall have the authority to establish or assist in the establishment and direction of those mental health clinics and centers in local and regional areas of the state which shall be operated under such divisions, offices, sections, or units of the Department of Human Services as may be determined by the secretary. (c) The Department of Human Services, in cooperation with the Building Authority Division, may sell, donate, lease on a short-term or long-term basis, or assign the use of any property and equipment owned by the Department of Human Services, including real property, furniture, fixtures, and office equipment and supplies, to those community mental health clinics and centers to assist them in the advancement of mental health in the state. (d) The Department of Human Services shall engage in programs of mental health education in cooperation with the state's governmental units and established mental health education organizations, organized civic groups, lay organizations, and recognized mental health authorities, utilizing therefor the facilities of those organizations and groups for the advancement of mental health. (e) (1) In the event that a state-operated community mental health center acquires private nonprofit status, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the authority to lease employees of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to perform services for the private nonprofit community mental health center to ensure the continued delivery of satisfactory levels of mental health services consistent with the goals and objectives of the Department of Human Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) The secretary shall have the authority to negotiate an employee leasing arrangement with the private nonprofit community mental health center as an ongoing contract to perform mental health services for the center. The arrangement shall provide, at a minimum: (A) For reimbursement for all leased Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees; (B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the Department of Human Services or the center; (C) That all leased employees shall be limited to providing services to clients or in support of clients which are consistent with the goals and objectives of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services; (D) That the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services shall not be vicariously liable for the liabilities of the center, whether contractual or otherwise; (E) That the center shall provide liability insurance for the employees and indemnify the state for any actions of the employees; and (F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium and that payment and performance obligations of the arrangement are subject to the availability and appropriation of funds for the employees' salaries and other benefits. (3) (A) Employer responsibilities for leased employees shall be shared by the Department of Human Services and the community mental health center. (B) The Department of Human Services shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans. (C) The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and Department of Human Services policies and procedures. Amended by Act 2019, No. 910,§ 5193, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5192, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 62, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 61, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 20, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 20, eff. 7/1/2015. Amended by Act 2013, No. 1251,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 29, eff. 8/16/2013. Amended by Act 2013, No. 980,§ 7, eff. 8/16/2013. Acts 1971, No. 433, ch. 2, § 1; 1985, No. 348, § 7; A.S.A. 1947, § 59-301; Acts 1993, No. 410, § 2; 2005, No. 2009, § 1.

(a) The Department of Human Services shall have the authority and power to create and maintain the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and to provide services for community mental health clinics and centers, which shall be administered through such divisions, offices, sections, or units of the Department of Human Services as may be determined by the Secretary of the Department of Human Services.

(b) The Department of Human Services shall have the authority to establish or assist in the establishment and direction of those mental health clinics and centers in local and regional areas of the state which shall be operated under such divisions, offices, sections, or units of the Department of Human Services as may be determined by the secretary.

(c) The Department of Human Services, in cooperation with the Building Authority Division, may sell, donate, lease on a short-term or long-term basis, or assign the use of any property and equipment owned by the Department of Human Services, including real property, furniture, fixtures, and office equipment and supplies, to those community mental health clinics and centers to assist them in the advancement of mental health in the state.

(d) The Department of Human Services shall engage in programs of mental health education in cooperation with the state's governmental units and established mental health education organizations, organized civic groups, lay organizations, and recognized mental health authorities, utilizing therefor the facilities of those organizations and groups for the advancement of mental health.

(e) (1) In the event that a state-operated community mental health center acquires private nonprofit status, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the authority to lease employees of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to perform services for the private nonprofit community mental health center to ensure the continued delivery of satisfactory levels of mental health services consistent with the goals and objectives of the Department of Human Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) The secretary shall have the authority to negotiate an employee leasing arrangement with the private nonprofit community mental health center as an ongoing contract to perform mental health services for the center. The arrangement shall provide, at a minimum: (A) For reimbursement for all leased Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees; (B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the Department of Human Services or the center; (C) That all leased employees shall be limited to providing services to clients or in support of clients which are consistent with the goals and objectives of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services; (D) That the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services shall not be vicariously liable for the liabilities of the center, whether contractual or otherwise; (E) That the center shall provide liability insurance for the employees and indemnify the state for any actions of the employees; and (F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium and that payment and performance obligations of the arrangement are subject to the availability and appropriation of funds for the employees' salaries and other benefits. (3) (A) Employer responsibilities for leased employees shall be shared by the Department of Human Services and the community mental health center. (B) The Department of Human Services shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans. (C) The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and Department of Human Services policies and procedures.

(1) In the event that a state-operated community mental health center acquires private nonprofit status, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the authority to lease employees of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to perform services for the private nonprofit community mental health center to ensure the continued delivery of satisfactory levels of mental health services consistent with the goals and objectives of the Department of Human Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(2) The secretary shall have the authority to negotiate an employee leasing arrangement with the private nonprofit community mental health center as an ongoing contract to perform mental health services for the center. The arrangement shall provide, at a minimum: (A) For reimbursement for all leased Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees; (B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the Department of Human Services or the center; (C) That all leased employees shall be limited to providing services to clients or in support of clients which are consistent with the goals and objectives of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services; (D) That the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services shall not be vicariously liable for the liabilities of the center, whether contractual or otherwise; (E) That the center shall provide liability insurance for the employees and indemnify the state for any actions of the employees; and (F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium and that payment and performance obligations of the arrangement are subject to the availability and appropriation of funds for the employees' salaries and other benefits.

(A) For reimbursement for all leased Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services employee financial obligations with respect to wages, employment taxes, and employee benefits of each employee providing services for the center and for reimbursement of administrative costs associated with the leased employees;

(B) That all leased employees are covered by workers' compensation insurance provided in conformance with laws of the state and which may be provided by either the Department of Human Services or the center;

(C) That all leased employees shall be limited to providing services to clients or in support of clients which are consistent with the goals and objectives of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services;

(D) That the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Department of Human Services shall not be vicariously liable for the liabilities of the center, whether contractual or otherwise;

(E) That the center shall provide liability insurance for the employees and indemnify the state for any actions of the employees; and

(F) That the leasing arrangement shall not be effective for a period of time to exceed each state fiscal biennium and that payment and performance obligations of the arrangement are subject to the availability and appropriation of funds for the employees' salaries and other benefits.

(3) (A) Employer responsibilities for leased employees shall be shared by the Department of Human Services and the community mental health center. (B) The Department of Human Services shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans. (C) The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and Department of Human Services policies and procedures.

(A) Employer responsibilities for leased employees shall be shared by the Department of Human Services and the community mental health center.

(B) The Department of Human Services shall be responsible for the administration and management of employee compensation and all employee benefit and welfare plans.

(C) The center may exercise day-to-day supervision and control of the employees' delivery of services in conformity with all Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and Department of Human Services policies and procedures.

Amended by Act 2019, No. 910,§ 5193, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5192, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 62, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 61, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 20, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 20, eff. 7/1/2015.

Amended by Act 2013, No. 1251,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1132,§ 29, eff. 8/16/2013.

Amended by Act 2013, No. 980,§ 7, eff. 8/16/2013.

Acts 1971, No. 433, ch. 2, § 1; 1985, No. 348, § 7; A.S.A. 1947, § 59-301; Acts 1993, No. 410, § 2; 2005, No. 2009, § 1.
Ark. Code Ann. § 20-6-312 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-312
Copy of physician order for life-sustaining treatment form
Status: in_force

A copy of an executed physician order for life-sustaining treatment form has the same effect as the original physician order for life-sustaining treatment form. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

A copy of an executed physician order for life-sustaining treatment form has the same effect as the original physician order for life-sustaining treatment form.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-77-1603 — AR Code / Title 20 / Chapter 77 / Subchapter 16 / Section 20-77-1603
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019. Acts 2005, No. 1757, § 1.

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.

Acts 2005, No. 1757, § 1.
Ark. Code Ann. § 20-17-1403 — AR Code / Title 20 / Chapter 17 / Subchapter 14 / Section 20-17-1403
Verification that the decedent was a veteran
Status: in_force

(a) (1) The authorizing agent shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the decedent was a veteran if: (A) The decedent is eighteen (18) years of age or older; and (B) The remains are determined to be unclaimed remains. (2) The search must be completed within five (5) days after the decedent's death. (b) The authorizing agent may share identifying information of the decedent with a veterans service organization or the Department of Veterans Affairs and the United States Department of Veterans Affairs to: (1) Determine whether the decedent was a veteran; and (2) Verify that the decedent is entitled to veteran interment benefits. Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.

(a) (1) The authorizing agent shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the decedent was a veteran if: (A) The decedent is eighteen (18) years of age or older; and (B) The remains are determined to be unclaimed remains. (2) The search must be completed within five (5) days after the decedent's death.

(1) The authorizing agent shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the decedent was a veteran if: (A) The decedent is eighteen (18) years of age or older; and (B) The remains are determined to be unclaimed remains.

(A) The decedent is eighteen (18) years of age or older; and

(B) The remains are determined to be unclaimed remains.

(2) The search must be completed within five (5) days after the decedent's death.

(b) The authorizing agent may share identifying information of the decedent with a veterans service organization or the Department of Veterans Affairs and the United States Department of Veterans Affairs to: (1) Determine whether the decedent was a veteran; and (2) Verify that the decedent is entitled to veteran interment benefits.

(1) Determine whether the decedent was a veteran; and

(2) Verify that the decedent is entitled to veteran interment benefits.

Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-64-824 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-824
Additional commitment
Status: in_force

(a) An additional forty-five-day commitment order may be requested if in the opinion of the treatment staff a person remains suicidal, homicidal, or gravely disabled. (b) (1) (A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff. (B) The petition shall set forth facts and circumstances forming the basis for the request. (2) Upon the filing of the petition for additional commitment, all rights enumerated in § 20-64-817 shall be applicable. (c) (1) (A) A hearing on the petition for additional commitment pursuant to this section shall be held before the expiration of the period of confinement. (B) The hearing may be held in a receiving facility or program where the person is detained or residing. (2) A copy of the petition shall be served upon the person sought to be additionally committed, along with a copy forwarded to any attorney who may have represented or may have been appointed to represent the person at the initial hearing. (d) All testimony shall be recorded under oath and preserved. (e) The need for additional commitment shall be proven by clear and convincing evidence. Acts 1989 (3rd Ex. Sess.), No. 10, § 13; 1997, No. 1246, § 5.

(a) An additional forty-five-day commitment order may be requested if in the opinion of the treatment staff a person remains suicidal, homicidal, or gravely disabled.

(b) (1) (A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff. (B) The petition shall set forth facts and circumstances forming the basis for the request. (2) Upon the filing of the petition for additional commitment, all rights enumerated in § 20-64-817 shall be applicable.

(1) (A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff. (B) The petition shall set forth facts and circumstances forming the basis for the request.

(A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff.

(B) The petition shall set forth facts and circumstances forming the basis for the request.

(2) Upon the filing of the petition for additional commitment, all rights enumerated in § 20-64-817 shall be applicable.

(c) (1) (A) A hearing on the petition for additional commitment pursuant to this section shall be held before the expiration of the period of confinement. (B) The hearing may be held in a receiving facility or program where the person is detained or residing. (2) A copy of the petition shall be served upon the person sought to be additionally committed, along with a copy forwarded to any attorney who may have represented or may have been appointed to represent the person at the initial hearing.

(1) (A) A hearing on the petition for additional commitment pursuant to this section shall be held before the expiration of the period of confinement. (B) The hearing may be held in a receiving facility or program where the person is detained or residing.

(A) A hearing on the petition for additional commitment pursuant to this section shall be held before the expiration of the period of confinement.

(B) The hearing may be held in a receiving facility or program where the person is detained or residing.

(2) A copy of the petition shall be served upon the person sought to be additionally committed, along with a copy forwarded to any attorney who may have represented or may have been appointed to represent the person at the initial hearing.

(d) All testimony shall be recorded under oath and preserved.

(e) The need for additional commitment shall be proven by clear and convincing evidence.

Acts 1989 (3rd Ex. Sess.), No. 10, § 13; 1997, No. 1246, § 5.
Ark. Code Ann. § 20-47-103 — AR Code / Title 20 / Chapter 47 / Subchapter 1 / Section 20-47-103
[Repealed]
Status: repealed

Repealed by Act 2017, No. 423,§ 30, eff. 8/1/2017. Rev. Stat., ch. 78, §§ 2, 7; C. & M. Dig., §§ 5829, 5831; Pope's Dig., §§ 7546, 7548; A.S.A. 1947, §§ 59-101, 59-105; Acts 2001, No. 1478, § 1.

Repealed by Act 2017, No. 423,§ 30, eff. 8/1/2017.

Rev. Stat., ch. 78, §§ 2, 7; C. & M. Dig., §§ 5829, 5831; Pope's Dig., §§ 7546, 7548; A.S.A. 1947, §§ 59-101, 59-105; Acts 2001, No. 1478, § 1.
Ark. Code Ann. § 20-56-404 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-404
[See Note] Permits
Status: in_force

(a) (1) Each person listed in this section, before commencing business, or if already in business, before continuing business, shall pay an annual privilege fee and secure a permit from the Director of Arkansas Tobacco Control. (2) A person purchasing an existing permitted retail location may, with the permission of the seller and Arkansas Tobacco Control, operate under the selling owner's permit for no more than thirty (30) days from the date of the sale. (b) (1) In addition to securing a permit under subsection (a) of this section, a manufacturer whose products are sold in this state shall register with the Secretary of the Department of Finance and Administration. (2) A wholesaler of hemp-derived products shall secure the proper wholesale permit. (3) Every retailer of hemp-derived products that operates a place of business shall secure the proper retail permit. (c) (1) Permits shall be issued as follows: (A) A permit for a sole proprietorship is issued in the owner's name and in the fictitious business name, if any; (B) (i) A permit for a partnership or limited liability company is issued in the name of: (a) The managing partner or managing member; and (b) The partnership or limited liability company. (ii) If the managing partner or managing member of a limited liability company is a partnership, limited liability company, or corporation, then the permit shall be issued in the name of: (a) The president or chief executive officer; and (b) The partnership or limited liability company; and (C) A permit for a publicly traded or nonpublicly traded corporation is issued in the name of the president or chief executive officer of the corporation and in the name of the corporation. (2) It is a violation for a permitted entity not to provide written notification to the director within thirty (30) days of a change in the following: (A) The managing partner, limited liability company managing member, or president or chief executive officer of a corporation, partnership, or limited liability company; or (B) The stockholders effecting twenty-five percent (25%) or more of the total voting shares of a nonpublicly traded corporation. (d) (1) When an entity transfers a business permitted under this subchapter, the entity to which the business is transferred: (A) Shall apply for a new permit under this subchapter; (B) May be issued a new permit under this subchapter; and (C) May operate under the selling entity's permit for no more than thirty (30) days from the date of the sale. (2) When a partnership or limited liability company permitted under this subchapter changes, removes, or replaces the managing partner, managing member, president, or chief executive officer: (A) The existing permit issued under this subchapter is void; and (B) The partnership or limited liability company: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit. (3) When a nonpublicly traded corporation permitted under this subchapter changes, removes, or replaces the president or chief executive officer named on the permit or changes, removes, or replaces a stockholder who owns fifty percent (50%) or more of the total voting shares of the nonpublicly traded corporation's stock: (A) The permit issued under this subchapter is void; and (B) The nonpublicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit. (4) When a publicly traded corporation permitted under this subchapter changes, removes, or replaces the president or chief executive officer named on the permit or changes, removes, or replaces a stockholder who owns fifty percent (50%) or more of the total voting shares of the publicly traded corporation's stock: (A) The permit issued under this subchapter is void; and (B) The publicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit. (e) An entity may apply for and be issued a permit under this subchapter in advance of the effective date of the permit to facilitate continuity of business operations. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) (1) Each person listed in this section, before commencing business, or if already in business, before continuing business, shall pay an annual privilege fee and secure a permit from the Director of Arkansas Tobacco Control. (2) A person purchasing an existing permitted retail location may, with the permission of the seller and Arkansas Tobacco Control, operate under the selling owner's permit for no more than thirty (30) days from the date of the sale.

(1) Each person listed in this section, before commencing business, or if already in business, before continuing business, shall pay an annual privilege fee and secure a permit from the Director of Arkansas Tobacco Control.

(2) A person purchasing an existing permitted retail location may, with the permission of the seller and Arkansas Tobacco Control, operate under the selling owner's permit for no more than thirty (30) days from the date of the sale.

(b) (1) In addition to securing a permit under subsection (a) of this section, a manufacturer whose products are sold in this state shall register with the Secretary of the Department of Finance and Administration. (2) A wholesaler of hemp-derived products shall secure the proper wholesale permit. (3) Every retailer of hemp-derived products that operates a place of business shall secure the proper retail permit.

(1) In addition to securing a permit under subsection (a) of this section, a manufacturer whose products are sold in this state shall register with the Secretary of the Department of Finance and Administration.

(2) A wholesaler of hemp-derived products shall secure the proper wholesale permit.

(3) Every retailer of hemp-derived products that operates a place of business shall secure the proper retail permit.

(c) (1) Permits shall be issued as follows: (A) A permit for a sole proprietorship is issued in the owner's name and in the fictitious business name, if any; (B) (i) A permit for a partnership or limited liability company is issued in the name of: (a) The managing partner or managing member; and (b) The partnership or limited liability company. (ii) If the managing partner or managing member of a limited liability company is a partnership, limited liability company, or corporation, then the permit shall be issued in the name of: (a) The president or chief executive officer; and (b) The partnership or limited liability company; and (C) A permit for a publicly traded or nonpublicly traded corporation is issued in the name of the president or chief executive officer of the corporation and in the name of the corporation. (2) It is a violation for a permitted entity not to provide written notification to the director within thirty (30) days of a change in the following: (A) The managing partner, limited liability company managing member, or president or chief executive officer of a corporation, partnership, or limited liability company; or (B) The stockholders effecting twenty-five percent (25%) or more of the total voting shares of a nonpublicly traded corporation.

(1) Permits shall be issued as follows: (A) A permit for a sole proprietorship is issued in the owner's name and in the fictitious business name, if any; (B) (i) A permit for a partnership or limited liability company is issued in the name of: (a) The managing partner or managing member; and (b) The partnership or limited liability company. (ii) If the managing partner or managing member of a limited liability company is a partnership, limited liability company, or corporation, then the permit shall be issued in the name of: (a) The president or chief executive officer; and (b) The partnership or limited liability company; and (C) A permit for a publicly traded or nonpublicly traded corporation is issued in the name of the president or chief executive officer of the corporation and in the name of the corporation.

(A) A permit for a sole proprietorship is issued in the owner's name and in the fictitious business name, if any;

(B) (i) A permit for a partnership or limited liability company is issued in the name of: (a) The managing partner or managing member; and (b) The partnership or limited liability company. (ii) If the managing partner or managing member of a limited liability company is a partnership, limited liability company, or corporation, then the permit shall be issued in the name of: (a) The president or chief executive officer; and (b) The partnership or limited liability company; and

(i) A permit for a partnership or limited liability company is issued in the name of: (a) The managing partner or managing member; and (b) The partnership or limited liability company.

(a) The managing partner or managing member; and

(b) The partnership or limited liability company.

(ii) If the managing partner or managing member of a limited liability company is a partnership, limited liability company, or corporation, then the permit shall be issued in the name of: (a) The president or chief executive officer; and (b) The partnership or limited liability company; and

(a) The president or chief executive officer; and

(b) The partnership or limited liability company; and

(C) A permit for a publicly traded or nonpublicly traded corporation is issued in the name of the president or chief executive officer of the corporation and in the name of the corporation.

(2) It is a violation for a permitted entity not to provide written notification to the director within thirty (30) days of a change in the following: (A) The managing partner, limited liability company managing member, or president or chief executive officer of a corporation, partnership, or limited liability company; or (B) The stockholders effecting twenty-five percent (25%) or more of the total voting shares of a nonpublicly traded corporation.

(A) The managing partner, limited liability company managing member, or president or chief executive officer of a corporation, partnership, or limited liability company; or

(B) The stockholders effecting twenty-five percent (25%) or more of the total voting shares of a nonpublicly traded corporation.

(d) (1) When an entity transfers a business permitted under this subchapter, the entity to which the business is transferred: (A) Shall apply for a new permit under this subchapter; (B) May be issued a new permit under this subchapter; and (C) May operate under the selling entity's permit for no more than thirty (30) days from the date of the sale. (2) When a partnership or limited liability company permitted under this subchapter changes, removes, or replaces the managing partner, managing member, president, or chief executive officer: (A) The existing permit issued under this subchapter is void; and (B) The partnership or limited liability company: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit. (3) When a nonpublicly traded corporation permitted under this subchapter changes, removes, or replaces the president or chief executive officer named on the permit or changes, removes, or replaces a stockholder who owns fifty percent (50%) or more of the total voting shares of the nonpublicly traded corporation's stock: (A) The permit issued under this subchapter is void; and (B) The nonpublicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit. (4) When a publicly traded corporation permitted under this subchapter changes, removes, or replaces the president or chief executive officer named on the permit or changes, removes, or replaces a stockholder who owns fifty percent (50%) or more of the total voting shares of the publicly traded corporation's stock: (A) The permit issued under this subchapter is void; and (B) The publicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(1) When an entity transfers a business permitted under this subchapter, the entity to which the business is transferred: (A) Shall apply for a new permit under this subchapter; (B) May be issued a new permit under this subchapter; and (C) May operate under the selling entity's permit for no more than thirty (30) days from the date of the sale.

(A) Shall apply for a new permit under this subchapter;

(B) May be issued a new permit under this subchapter; and

(C) May operate under the selling entity's permit for no more than thirty (30) days from the date of the sale.

(2) When a partnership or limited liability company permitted under this subchapter changes, removes, or replaces the managing partner, managing member, president, or chief executive officer: (A) The existing permit issued under this subchapter is void; and (B) The partnership or limited liability company: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(A) The existing permit issued under this subchapter is void; and

(B) The partnership or limited liability company: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(i) Shall apply for a new permit under this subchapter;

(ii) May be issued a new permit under this subchapter; and

(iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(3) When a nonpublicly traded corporation permitted under this subchapter changes, removes, or replaces the president or chief executive officer named on the permit or changes, removes, or replaces a stockholder who owns fifty percent (50%) or more of the total voting shares of the nonpublicly traded corporation's stock: (A) The permit issued under this subchapter is void; and (B) The nonpublicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(A) The permit issued under this subchapter is void; and

(B) The nonpublicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(i) Shall apply for a new permit under this subchapter;

(ii) May be issued a new permit under this subchapter; and

(iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(4) When a publicly traded corporation permitted under this subchapter changes, removes, or replaces the president or chief executive officer named on the permit or changes, removes, or replaces a stockholder who owns fifty percent (50%) or more of the total voting shares of the publicly traded corporation's stock: (A) The permit issued under this subchapter is void; and (B) The publicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(A) The permit issued under this subchapter is void; and

(B) The publicly traded corporation: (i) Shall apply for a new permit under this subchapter; (ii) May be issued a new permit under this subchapter; and (iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(i) Shall apply for a new permit under this subchapter;

(ii) May be issued a new permit under this subchapter; and

(iii) May operate under the voided permit for no more than thirty (30) days from the date of the change, removal, or replacement of the permit.

(e) An entity may apply for and be issued a permit under this subchapter in advance of the effective date of the permit to facilitate continuity of business operations.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-47-202 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-202
Definitions
Status: in_force

As used in this subchapter: (1) "Administrator" means the chief administrative officer or executive director of any private or public facility or of any community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (2) "Behavior history" means a person's statements or actions on specific occasions as established by the person's declarations, observations of others, or records; (3) "Community mental health center" means a program and its affiliates established and administered by the state, or a private, nonprofit corporation certified by the division for the purpose of providing mental health services to the residents of a defined geographic area and which minimally provides twenty-four-hour emergency, inpatient, outpatient, consultation, education, prevention, partial care, follow-up and aftercare, and initial screening and precare services. The division may contract with a community mental health center for the operation and administration of any services which are part of the state mental health system; (4) "Crisis response services" means immediate or emergency treatment. Because mental illnesses are often of an episodic nature, there will be instances that require acute and quick crisis response services; (5) [Repealed.] (6) "Detention" means any confinement of a person against his or her wishes and begins either: (A) When a person is involuntarily brought to a receiving facility or program or to a hospital; (B) When, pursuant to § 20-47-209(a) , the person appears for the initial hearing; or (C) When a person on a voluntary status in a receiving facility or program or a hospital requests to leave pursuant to § 20-47-204(3) ; (7) [Repealed.] (8) "Hospital" means the University of Arkansas for Medical Sciences Medical Center, the United States Department of Veterans Affairs hospitals, or any private hospital with a fully trained psychiatrist on the active or consultant staff; (9) "Initial screening" means initial screening services conducted by a mental health professional provided by a receiving facility or program for individuals residing in the area served by the receiving facility or program who are being considered for referral to inpatient programs of the state mental health system to determine whether or not the individual meets the criteria for voluntary or involuntary admission and to determine whether or not appropriate alternatives to institutionalization are available. These screening services shall be available to community organizations, agencies, or private practitioners who are involved in making referrals to the state mental health system; (10) "Involuntary admission" means: (A) Court-ordered admission to twenty-four-hour inpatient health care; (B) Immediate confinement under § 20-47-210 ; or (C) Admission to outpatient behavioral healthcare services furnished by a receiving facility or program or a behavioral healthcare clinic certified by the division; (11) "Least restrictive appropriate setting" for treatment means the available treatment setting which provides the person with the highest likelihood of improvement or cure and which is not more restrictive of the person's physical or social liberties than is necessary for the most effective treatment of the person and for adequate protection against any dangers which the person poses to himself or herself or others; (12) (A) "Mental illness" means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. (B) Mental illness does not include impairment solely caused by: (i) Epilepsy; (ii) Intellectual or other developmental disability; (iii) Continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or (iv) Dependence upon or addiction to any substance such as alcohol or drugs; (13) "Physician" means a medical doctor licensed to practice in Arkansas; (14) "Psychosurgery" means those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery and all other forms of brain surgery if the surgery is performed for the purpose of the following: (A) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain; (B) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, actions, or behavior; or (C) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause of those thoughts, feelings, actions, or behavior; (15) "Receiving facility or program" means an inpatient or outpatient treatment facility or program which is designated within each geographic area of the state by the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to accept the responsibility for care, custody, and treatment of persons involuntarily admitted to the state mental health system; (16) (A) "Resides" means a person's ongoing physical presence in the state together with indications that the person's presence in the state is something other than merely transitory. (B) "Resides" includes a temporary absence from the state or temporary physical presence in a city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line; (17) (A) "Restraint" means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely. (B) "Restraint" does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself; (18) "State mental health system" means the Arkansas State Hospital and any other facility or program licensed or certified by the division; (19) "State or local authority" means a state or local government authority or agency or a representative of a state or local government authority or agency acting in an official capacity; (20) "Treatment" means those psychological, educational, social, chemical, medical, somatic, or other techniques designed to bring about rehabilitation of persons with mental illness. Treatment may be provided in inpatient and outpatient settings; and (21) "Treatment plan" means an individualized written document developed by the treatment staff of the hospital or receiving facility or program which includes the following: (A) A substantiated diagnosis in the terminology of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders; (B) Short-term and long-term treatment goals; (C) Treatment programs, facilities, and activities to be utilized to achieve the treatment goals; and (D) Methods for periodic review and revision of the treatment plan. Amended by Act 2019, No. 1035,§ 15, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 56, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 55, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 79, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 78, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 77, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 76, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 75, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 74, eff. 8/1/2017. Amended by Act 2013, No. 573,§ 1, eff. 8/16/2013. Acts 1989, No. 861, § 1; 1993, No. 410, § 1; 2003, No. 1473, § 41; 2003, No. 1789, § 1; 2007, No. 636, § 3; 2011, No. 823, § 1.

As used in this subchapter:

(1) "Administrator" means the chief administrative officer or executive director of any private or public facility or of any community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

(2) "Behavior history" means a person's statements or actions on specific occasions as established by the person's declarations, observations of others, or records;

(3) "Community mental health center" means a program and its affiliates established and administered by the state, or a private, nonprofit corporation certified by the division for the purpose of providing mental health services to the residents of a defined geographic area and which minimally provides twenty-four-hour emergency, inpatient, outpatient, consultation, education, prevention, partial care, follow-up and aftercare, and initial screening and precare services. The division may contract with a community mental health center for the operation and administration of any services which are part of the state mental health system;

(4) "Crisis response services" means immediate or emergency treatment. Because mental illnesses are often of an episodic nature, there will be instances that require acute and quick crisis response services;

(5) [Repealed.]

(6) "Detention" means any confinement of a person against his or her wishes and begins either: (A) When a person is involuntarily brought to a receiving facility or program or to a hospital; (B) When, pursuant to § 20-47-209(a) , the person appears for the initial hearing; or (C) When a person on a voluntary status in a receiving facility or program or a hospital requests to leave pursuant to § 20-47-204(3) ;

(A) When a person is involuntarily brought to a receiving facility or program or to a hospital;

(B) When, pursuant to § 20-47-209(a) , the person appears for the initial hearing; or

(C) When a person on a voluntary status in a receiving facility or program or a hospital requests to leave pursuant to § 20-47-204(3) ;

(7) [Repealed.]

(8) "Hospital" means the University of Arkansas for Medical Sciences Medical Center, the United States Department of Veterans Affairs hospitals, or any private hospital with a fully trained psychiatrist on the active or consultant staff;

(9) "Initial screening" means initial screening services conducted by a mental health professional provided by a receiving facility or program for individuals residing in the area served by the receiving facility or program who are being considered for referral to inpatient programs of the state mental health system to determine whether or not the individual meets the criteria for voluntary or involuntary admission and to determine whether or not appropriate alternatives to institutionalization are available. These screening services shall be available to community organizations, agencies, or private practitioners who are involved in making referrals to the state mental health system;

(10) "Involuntary admission" means: (A) Court-ordered admission to twenty-four-hour inpatient health care; (B) Immediate confinement under § 20-47-210 ; or (C) Admission to outpatient behavioral healthcare services furnished by a receiving facility or program or a behavioral healthcare clinic certified by the division;

(A) Court-ordered admission to twenty-four-hour inpatient health care;

(B) Immediate confinement under § 20-47-210 ; or

(C) Admission to outpatient behavioral healthcare services furnished by a receiving facility or program or a behavioral healthcare clinic certified by the division;

(11) "Least restrictive appropriate setting" for treatment means the available treatment setting which provides the person with the highest likelihood of improvement or cure and which is not more restrictive of the person's physical or social liberties than is necessary for the most effective treatment of the person and for adequate protection against any dangers which the person poses to himself or herself or others;

(12) (A) "Mental illness" means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. (B) Mental illness does not include impairment solely caused by: (i) Epilepsy; (ii) Intellectual or other developmental disability; (iii) Continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or (iv) Dependence upon or addiction to any substance such as alcohol or drugs;

(A) "Mental illness" means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions.

(B) Mental illness does not include impairment solely caused by: (i) Epilepsy; (ii) Intellectual or other developmental disability; (iii) Continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or (iv) Dependence upon or addiction to any substance such as alcohol or drugs;

(i) Epilepsy;

(ii) Intellectual or other developmental disability;

(iii) Continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or

(iv) Dependence upon or addiction to any substance such as alcohol or drugs;

(13) "Physician" means a medical doctor licensed to practice in Arkansas;

(14) "Psychosurgery" means those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery and all other forms of brain surgery if the surgery is performed for the purpose of the following: (A) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain; (B) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, actions, or behavior; or (C) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause of those thoughts, feelings, actions, or behavior;

(A) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain;

(B) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, actions, or behavior; or

(C) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause of those thoughts, feelings, actions, or behavior;

(15) "Receiving facility or program" means an inpatient or outpatient treatment facility or program which is designated within each geographic area of the state by the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to accept the responsibility for care, custody, and treatment of persons involuntarily admitted to the state mental health system;

(16) (A) "Resides" means a person's ongoing physical presence in the state together with indications that the person's presence in the state is something other than merely transitory. (B) "Resides" includes a temporary absence from the state or temporary physical presence in a city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line;

(A) "Resides" means a person's ongoing physical presence in the state together with indications that the person's presence in the state is something other than merely transitory.

(B) "Resides" includes a temporary absence from the state or temporary physical presence in a city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line;

(17) (A) "Restraint" means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely. (B) "Restraint" does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself;

(A) "Restraint" means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely.

(B) "Restraint" does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself;

(18) "State mental health system" means the Arkansas State Hospital and any other facility or program licensed or certified by the division;

(19) "State or local authority" means a state or local government authority or agency or a representative of a state or local government authority or agency acting in an official capacity;

(20) "Treatment" means those psychological, educational, social, chemical, medical, somatic, or other techniques designed to bring about rehabilitation of persons with mental illness. Treatment may be provided in inpatient and outpatient settings; and

(21) "Treatment plan" means an individualized written document developed by the treatment staff of the hospital or receiving facility or program which includes the following: (A) A substantiated diagnosis in the terminology of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders; (B) Short-term and long-term treatment goals; (C) Treatment programs, facilities, and activities to be utilized to achieve the treatment goals; and (D) Methods for periodic review and revision of the treatment plan.

(A) A substantiated diagnosis in the terminology of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders;

(B) Short-term and long-term treatment goals;

(C) Treatment programs, facilities, and activities to be utilized to achieve the treatment goals; and

(D) Methods for periodic review and revision of the treatment plan.

Amended by Act 2019, No. 1035,§ 15, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 56, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 55, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 79, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 78, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 77, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 76, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 75, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 74, eff. 8/1/2017.

Amended by Act 2013, No. 573,§ 1, eff. 8/16/2013.

Acts 1989, No. 861, § 1; 1993, No. 410, § 1; 2003, No. 1473, § 41; 2003, No. 1789, § 1; 2007, No. 636, § 3; 2011, No. 823, § 1.
Ark. Code Ann. § 20-82-209 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-209
Multidisciplinary teams - Protocols created - Responsibilities - Definition
Status: in_force

(a) As used in this section, "multidisciplinary team" means a local team operating under a statewide model protocol developed by the Multidisciplinary Team Oversight Committee. (b) The committee shall: (1) (A) Prepare and issue a statewide model protocol for multidisciplinary teams regarding cases of child abuse and the provision of safety and services to victims of child abuse, who may include child victims of human trafficking. (B) The statewide model protocol shall describe coordinated investigation or coordinated services, or both, of state and local law enforcement, the Department of Human Services, and medical, mental health, and child safety centers; and (2) Review and approve a protocol prepared by each multidisciplinary team. (c) Each multidisciplinary team shall: (1) Develop a protocol consistent with the statewide model protocol issued by the committee; (2) Submit the protocol to the Children's Advocacy Centers of Arkansas for review and approval; and (3) Ensure the timely exchange of relevant information. (d) The Department of Finance and Administration shall contract with the Children's Advocacy Centers of Arkansas to provide support, training, and funding to the multidisciplinary team facilitators. (e) (1) A multidisciplinary team shall have the majority consent for hiring and terminating the multidisciplinary team's multidisciplinary team facilitator. (2) A multidisciplinary team shall consult with the Children's Advocacy Centers of Arkansas concerning the hiring or termination of the multidisciplinary team's multidisciplinary team facilitator. Amended by Act 2021, No. 975,§ 13, eff. 7/28/2021. Amended by Act 2015, No. 1138,§ 7, eff. 7/22/2015. Acts 2007, No. 703, § 18; 2009, No. 952, § 19.

(a) As used in this section, "multidisciplinary team" means a local team operating under a statewide model protocol developed by the Multidisciplinary Team Oversight Committee.

(b) The committee shall: (1) (A) Prepare and issue a statewide model protocol for multidisciplinary teams regarding cases of child abuse and the provision of safety and services to victims of child abuse, who may include child victims of human trafficking. (B) The statewide model protocol shall describe coordinated investigation or coordinated services, or both, of state and local law enforcement, the Department of Human Services, and medical, mental health, and child safety centers; and (2) Review and approve a protocol prepared by each multidisciplinary team.

(1) (A) Prepare and issue a statewide model protocol for multidisciplinary teams regarding cases of child abuse and the provision of safety and services to victims of child abuse, who may include child victims of human trafficking. (B) The statewide model protocol shall describe coordinated investigation or coordinated services, or both, of state and local law enforcement, the Department of Human Services, and medical, mental health, and child safety centers; and

(A) Prepare and issue a statewide model protocol for multidisciplinary teams regarding cases of child abuse and the provision of safety and services to victims of child abuse, who may include child victims of human trafficking.

(B) The statewide model protocol shall describe coordinated investigation or coordinated services, or both, of state and local law enforcement, the Department of Human Services, and medical, mental health, and child safety centers; and

(2) Review and approve a protocol prepared by each multidisciplinary team.

(c) Each multidisciplinary team shall: (1) Develop a protocol consistent with the statewide model protocol issued by the committee; (2) Submit the protocol to the Children's Advocacy Centers of Arkansas for review and approval; and (3) Ensure the timely exchange of relevant information.

(1) Develop a protocol consistent with the statewide model protocol issued by the committee;

(2) Submit the protocol to the Children's Advocacy Centers of Arkansas for review and approval; and

(3) Ensure the timely exchange of relevant information.

(d) The Department of Finance and Administration shall contract with the Children's Advocacy Centers of Arkansas to provide support, training, and funding to the multidisciplinary team facilitators.

(e) (1) A multidisciplinary team shall have the majority consent for hiring and terminating the multidisciplinary team's multidisciplinary team facilitator. (2) A multidisciplinary team shall consult with the Children's Advocacy Centers of Arkansas concerning the hiring or termination of the multidisciplinary team's multidisciplinary team facilitator.

(1) A multidisciplinary team shall have the majority consent for hiring and terminating the multidisciplinary team's multidisciplinary team facilitator.

(2) A multidisciplinary team shall consult with the Children's Advocacy Centers of Arkansas concerning the hiring or termination of the multidisciplinary team's multidisciplinary team facilitator.

Amended by Act 2021, No. 975,§ 13, eff. 7/28/2021.

Amended by Act 2015, No. 1138,§ 7, eff. 7/22/2015.

Acts 2007, No. 703, § 18; 2009, No. 952, § 19.
Ark. Code Ann. § 20-47-902 — AR Code / Title 20 / Chapter 47 / Subchapter 9 / Section 20-47-902
Definition
Status: in_force

As used in this subchapter, "rehabilitative services for persons with mental illness" means an array of clinical services for individuals with mental illness intended to provide core mental health services for the treatment and prevention of mental disorders in Medicaid recipients. Added by Act 2017, No. 699,§ 1, eff. 8/1/2017.

As used in this subchapter, "rehabilitative services for persons with mental illness" means an array of clinical services for individuals with mental illness intended to provide core mental health services for the treatment and prevention of mental disorders in Medicaid recipients.

Added by Act 2017, No. 699,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-24-115 — AR Code / Title 20 / Chapter 24 / Section 20-24-115
New construction, relocation, or alteration
Status: in_force

(a) (1) On and after the effective date of rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) , detailed plans and specifications of the elevator, dumbwaiter, or escalator to be thereafter installed, relocated, or altered shall be submitted by the contractor, or in the absence of an installing contractor, by a person or the owner, to the Department of Labor and Licensing. An application for a construction or alteration permit on forms to be furnished or approved by the department shall be submitted at the same time. (2) Repairs or replacements normally necessary for maintenance may be made on existing installations with parts equivalent in material, strength, and design to those replaced. No plans or specifications or applications need be filed for the repairs or replacements. (b) All companies, owners, lessees, or persons engaged in this type of work within the State of Arkansas shall be approved and registered by the department. (c) Failure to comply with subsection (a) or subsection (b) of this section subjects all to a penalty as described in § 20-24-103(a) . (d) A construction permit shall be issued by the department or its authorized representative to the installing contractor or, in his or her absence, the owner, for every new elevator, dumbwaiter, or escalator installation or alteration before the installation thereof is started. The department or its authorized representative shall issue the permit if the plans and specifications required under subsection (a) of this section indicate compliance with the applicable rules adopted by the board under § 20-24-107(a) and (b) . (e) Any person who installs an elevator, dumbwaiter, or escalator which does not meet the specifications of this chapter shall be liable for all expenses necessary to bring the elevator, dumbwaiter, or escalator into compliance with this chapter. Amended by Act 2019, No. 315,§ 2075, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2074, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5479, eff. 7/1/2019. Acts 1963, No. 189, §§ 6, 7; 1965, No. 72, §§ 3, 4; 1977, No. 539, § 3; A.S.A. 1947, §§ 82-1806, 82-1807.

(a) (1) On and after the effective date of rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) , detailed plans and specifications of the elevator, dumbwaiter, or escalator to be thereafter installed, relocated, or altered shall be submitted by the contractor, or in the absence of an installing contractor, by a person or the owner, to the Department of Labor and Licensing. An application for a construction or alteration permit on forms to be furnished or approved by the department shall be submitted at the same time. (2) Repairs or replacements normally necessary for maintenance may be made on existing installations with parts equivalent in material, strength, and design to those replaced. No plans or specifications or applications need be filed for the repairs or replacements.

(1) On and after the effective date of rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) , detailed plans and specifications of the elevator, dumbwaiter, or escalator to be thereafter installed, relocated, or altered shall be submitted by the contractor, or in the absence of an installing contractor, by a person or the owner, to the Department of Labor and Licensing. An application for a construction or alteration permit on forms to be furnished or approved by the department shall be submitted at the same time.

(2) Repairs or replacements normally necessary for maintenance may be made on existing installations with parts equivalent in material, strength, and design to those replaced. No plans or specifications or applications need be filed for the repairs or replacements.

(b) All companies, owners, lessees, or persons engaged in this type of work within the State of Arkansas shall be approved and registered by the department.

(c) Failure to comply with subsection (a) or subsection (b) of this section subjects all to a penalty as described in § 20-24-103(a) .

(d) A construction permit shall be issued by the department or its authorized representative to the installing contractor or, in his or her absence, the owner, for every new elevator, dumbwaiter, or escalator installation or alteration before the installation thereof is started. The department or its authorized representative shall issue the permit if the plans and specifications required under subsection (a) of this section indicate compliance with the applicable rules adopted by the board under § 20-24-107(a) and (b) .

(e) Any person who installs an elevator, dumbwaiter, or escalator which does not meet the specifications of this chapter shall be liable for all expenses necessary to bring the elevator, dumbwaiter, or escalator into compliance with this chapter.

Amended by Act 2019, No. 315,§ 2075, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2074, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5479, eff. 7/1/2019.

Acts 1963, No. 189, §§ 6, 7; 1965, No. 72, §§ 3, 4; 1977, No. 539, § 3; A.S.A. 1947, §§ 82-1806, 82-1807.
Ark. Code Ann. § 20-14-504 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-504
Assessment - Individualized family service plan
Status: in_force

(a) Each infant or toddler with disabilities and the infant's or toddler's family shall receive: (1) Multidisciplinary assessment of unique needs and the identification of services appropriate to meet these needs; and (2) A written individualized family service plan developed by a multidisciplinary team, including the parent or guardian, as required by subsection (d) of this section. (b) The individualized family service plan shall be evaluated one (1) time a year, and the family shall be provided a review of the plan at six-month intervals, or more often when appropriate, based on infant or toddler and family needs. (c) The individualized family service plan shall be developed within a reasonable time after the assessment required by subdivision (a)(1) of this section is completed. With the parent's or guardian's consent, early intervention services may commence before the completion of the assessment. (d) The individualized family service plan shall be in writing and contain: (1) A statement of the infant's or toddler's present level of physical development, cognitive development, language and speech development, psychosocial development, and self-help skills, based on acceptable objective criteria; (2) A statement of the family's strengths and needs relating to enhancing the development of the family's infant or toddler with disabilities; (3) A statement of the major outcomes expected to be achieved for the infant and toddler and the family, the criteria, procedures, and timeliness used to determine the degree to which progress toward achieving the outcomes is being made, and whether modifications or revisions of the outcomes are necessary; (4) A statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services; (5) The projected dates for initiation of services and the anticipated duration of the services; (6) The name of the case manager from the profession most immediately relevant to the infant's, toddler's, or family's needs who will be responsible for the implementation of the plan and coordination with the other agencies and persons; and (7) The steps to be taken supporting the transition of the toddler with disabilities to services provided to three-year-olds to five-year-olds to the extent that such services are considered appropriate. Acts 1987, No. 658, § 4.

(a) Each infant or toddler with disabilities and the infant's or toddler's family shall receive: (1) Multidisciplinary assessment of unique needs and the identification of services appropriate to meet these needs; and (2) A written individualized family service plan developed by a multidisciplinary team, including the parent or guardian, as required by subsection (d) of this section.

(1) Multidisciplinary assessment of unique needs and the identification of services appropriate to meet these needs; and

(2) A written individualized family service plan developed by a multidisciplinary team, including the parent or guardian, as required by subsection (d) of this section.

(b) The individualized family service plan shall be evaluated one (1) time a year, and the family shall be provided a review of the plan at six-month intervals, or more often when appropriate, based on infant or toddler and family needs.

(c) The individualized family service plan shall be developed within a reasonable time after the assessment required by subdivision (a)(1) of this section is completed. With the parent's or guardian's consent, early intervention services may commence before the completion of the assessment.

(d) The individualized family service plan shall be in writing and contain: (1) A statement of the infant's or toddler's present level of physical development, cognitive development, language and speech development, psychosocial development, and self-help skills, based on acceptable objective criteria; (2) A statement of the family's strengths and needs relating to enhancing the development of the family's infant or toddler with disabilities; (3) A statement of the major outcomes expected to be achieved for the infant and toddler and the family, the criteria, procedures, and timeliness used to determine the degree to which progress toward achieving the outcomes is being made, and whether modifications or revisions of the outcomes are necessary; (4) A statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services; (5) The projected dates for initiation of services and the anticipated duration of the services; (6) The name of the case manager from the profession most immediately relevant to the infant's, toddler's, or family's needs who will be responsible for the implementation of the plan and coordination with the other agencies and persons; and (7) The steps to be taken supporting the transition of the toddler with disabilities to services provided to three-year-olds to five-year-olds to the extent that such services are considered appropriate.

(1) A statement of the infant's or toddler's present level of physical development, cognitive development, language and speech development, psychosocial development, and self-help skills, based on acceptable objective criteria;

(2) A statement of the family's strengths and needs relating to enhancing the development of the family's infant or toddler with disabilities;

(3) A statement of the major outcomes expected to be achieved for the infant and toddler and the family, the criteria, procedures, and timeliness used to determine the degree to which progress toward achieving the outcomes is being made, and whether modifications or revisions of the outcomes are necessary;

(4) A statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;

(5) The projected dates for initiation of services and the anticipated duration of the services;

(6) The name of the case manager from the profession most immediately relevant to the infant's, toddler's, or family's needs who will be responsible for the implementation of the plan and coordination with the other agencies and persons; and

(7) The steps to be taken supporting the transition of the toddler with disabilities to services provided to three-year-olds to five-year-olds to the extent that such services are considered appropriate.

Acts 1987, No. 658, § 4.
Ark. Code Ann. § 20-31-101 — AR Code / Title 20 / Chapter 31 / Section 20-31-101
Title
Status: in_force

This chapter may be known and may be cited as the "Arkansas Electrical Code Authority Act". Acts 1991, No. 653, § 1.

This chapter may be known and may be cited as the "Arkansas Electrical Code Authority Act".

Acts 1991, No. 653, § 1.
Ark. Code Ann. § 20-10-232 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-232
Rules, client rights, and sanctions
Status: in_force

(a) The Office of Long-Term Care shall promulgate and maintain pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., separate rules, client rights, and sanctions for intermediate care facilities for individuals with developmental disabilities operations and for other long-term care facilities regulated by the office. (b) Rules which cover all facilities regulated by the office shall be included in each separate set of rules. Changes and updates to each set of rules shall specify which type of rules are being updated or changed. Amended by Act 2019, No. 315,§ 1874, eff. 7/24/2019. Acts 1991, No. 922, § 19; 1991, No. 1129, § 25.

(a) The Office of Long-Term Care shall promulgate and maintain pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., separate rules, client rights, and sanctions for intermediate care facilities for individuals with developmental disabilities operations and for other long-term care facilities regulated by the office.

(b) Rules which cover all facilities regulated by the office shall be included in each separate set of rules. Changes and updates to each set of rules shall specify which type of rules are being updated or changed.

Amended by Act 2019, No. 315,§ 1874, eff. 7/24/2019.

Acts 1991, No. 922, § 19; 1991, No. 1129, § 25.
Ark. Code Ann. § 20-78-224 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-224
Child Care Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Child Care Fund, to be administered by the Division of Child Care and Early Childhood Education of the Department of Human Services. (b) The division shall certify each month the amount of fees collected and deposited to the fund and shall transmit, from funds appropriated for the maintenance and operation of the division, an amount of money equal to one-half (1/2) of the fees transmitted to the Treasurer of State. Acts 1997, No. 1132, § 22.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Child Care Fund, to be administered by the Division of Child Care and Early Childhood Education of the Department of Human Services.

(b) The division shall certify each month the amount of fees collected and deposited to the fund and shall transmit, from funds appropriated for the maintenance and operation of the division, an amount of money equal to one-half (1/2) of the fees transmitted to the Treasurer of State.

Acts 1997, No. 1132, § 22.
Ark. Code Ann. § 20-82-206 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-206
Child Abuse/Rape/Domestic Violence Section - Powers and duties
Status: in_force

The Child Abuse/Rape/Domestic Violence Section shall have the authority and responsibility to: (1) Administer and disburse funds received through the Children's Justice Act, Pub. L. No. 99-401, rape funds received through the preventive health services block grant, and any other federal and grant funds; (2) Receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities; (3) Educate professionals, law enforcement officers, prosecuting attorneys, trial and appellate judges, district judges, Department of Human Services employees, and other victim service providers regarding issues, interventions, and other matters associated with child abuse, rape, and domestic violence; (4) Research, develop, and disseminate resource materials as needed; (5) [Repealed.] (6) Authorize local multidisciplinary teams throughout the state to review instances of child deaths involving children ages birth through seventeen (17) years of age; (7) Provide support, coordination, and technical assistance to providers of services for rape, domestic violence, and child abuse victims; (8) Develop a database for use in Arkansas which addresses information about the effectiveness of treatment programs and other intervention efforts in the areas of domestic violence, child abuse, child sexual abuse, and rape and which focuses on interventions with victims, families, and perpetrators; (9) Advise the Governor as to the immediate needs and priorities surrounding the issues of child abuse, domestic violence, and rape; (10) Contract and be contracted with; (11) Provide consultation and technical assistance to professionals regarding child abuse, rape, and domestic violence; (12) Work with the UAMS Regional Program to research, develop, and disseminate resource materials for regions in the state; and (13) Facilitate and collaborate with professionals regarding human trafficking. Amended by Act 2021, No. 975,§ 10, eff. 7/28/2021. Amended by Act 2015, No. 1138,§ 6, eff. 7/22/2015. Acts 1993, No. 887, § 2; 1995, No. 1336, § 6; 2001, No. 1285, § 3.

The Child Abuse/Rape/Domestic Violence Section shall have the authority and responsibility to:

(1) Administer and disburse funds received through the Children's Justice Act, Pub. L. No. 99-401, rape funds received through the preventive health services block grant, and any other federal and grant funds;

(2) Receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities;

(3) Educate professionals, law enforcement officers, prosecuting attorneys, trial and appellate judges, district judges, Department of Human Services employees, and other victim service providers regarding issues, interventions, and other matters associated with child abuse, rape, and domestic violence;

(4) Research, develop, and disseminate resource materials as needed;

(5) [Repealed.]

(6) Authorize local multidisciplinary teams throughout the state to review instances of child deaths involving children ages birth through seventeen (17) years of age;

(7) Provide support, coordination, and technical assistance to providers of services for rape, domestic violence, and child abuse victims;

(8) Develop a database for use in Arkansas which addresses information about the effectiveness of treatment programs and other intervention efforts in the areas of domestic violence, child abuse, child sexual abuse, and rape and which focuses on interventions with victims, families, and perpetrators;

(9) Advise the Governor as to the immediate needs and priorities surrounding the issues of child abuse, domestic violence, and rape;

(10) Contract and be contracted with;

(11) Provide consultation and technical assistance to professionals regarding child abuse, rape, and domestic violence;

(12) Work with the UAMS Regional Program to research, develop, and disseminate resource materials for regions in the state; and

(13) Facilitate and collaborate with professionals regarding human trafficking.

Amended by Act 2021, No. 975,§ 10, eff. 7/28/2021.

Amended by Act 2015, No. 1138,§ 6, eff. 7/22/2015.

Acts 1993, No. 887, § 2; 1995, No. 1336, § 6; 2001, No. 1285, § 3.
Ark. Code Ann. § 20-82-207 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-207
Child Abuse/Rape/Domestic Violence Section - Budget - Staff
Status: in_force

The Child Abuse/Rape/Domestic Violence Section shall consist of such staff and shall operate within such budget as may be authorized by the appropriation of federal funds by the General Assembly. Acts 1993, No. 887, §§ 5, 7; 1995, No. 1336, § 7.

The Child Abuse/Rape/Domestic Violence Section shall consist of such staff and shall operate within such budget as may be authorized by the appropriation of federal funds by the General Assembly.

Acts 1993, No. 887, §§ 5, 7; 1995, No. 1336, § 7.
Ark. Code Ann. § 20-9-914 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-914
Liability unaffected
Status: in_force

Nothing in this subchapter shall be deemed to reduce or expand the liability of any person or entity for any actions or activities with respect to utilization review. Acts 1989, No. 537, § 17.

Nothing in this subchapter shall be deemed to reduce or expand the liability of any person or entity for any actions or activities with respect to utilization review.

Acts 1989, No. 537, § 17.
Ark. Code Ann. § 20-16-101 — AR Code / Title 20 / Chapter 16 / Subchapter 1 / Section 20-16-101
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5009, eff. 7/1/2019. Acts 1989, No. 99 (1st Ex. Sess.), § 35.

Repealed by Act 2019, No. 910,§ 5009, eff. 7/1/2019.

Acts 1989, No. 99 (1st Ex. Sess.), § 35.
Ark. Code Ann. § 20-83-107 — AR Code / Title 20 / Chapter 83 / Section 20-83-107
Rules
Status: in_force

To the extent that funds are available, the Department of Health is authorized to enforce this subchapter and to promulgate necessary rules to implement this subchapter. Amended by Act 2019, No. 315,§ 2311, eff. 7/24/2019. Acts 1993, No. 1218, § 7.

To the extent that funds are available, the Department of Health is authorized to enforce this subchapter and to promulgate necessary rules to implement this subchapter.

Amended by Act 2019, No. 315,§ 2311, eff. 7/24/2019.

Acts 1993, No. 1218, § 7.
Ark. Code Ann. § 20-47-1005 — AR Code / Title 20 / Chapter 47 / Subchapter 10 / Section 20-47-1005
Statewide mental health services
Status: in_force

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall: (1) Implement and maintain culturally affirmative mental health services and linguistically appropriate mental health services for any client in his or her primary communication method; (2) Recruit, develop, and maintain an adequate number of certified mental health professionals and other licensed and nonlicensed ancillary staff qualified to work in settings where mental health services are provided to clients to ensure the delivery of culturally affirmative mental health services and linguistically appropriate mental health services one-on-one to any client in his or her primary communication method; (3) Monitor all culturally affirmative mental health services and linguistically appropriate mental health services to ensure that clients of all ages are adequately served; (4) Provide adequate supplemental funding to all culturally affirmative mental health services and linguistically appropriate mental health services and incentives for certified mental health professionals; (5) Establish a certification process for mental health professionals who meet all standards and guidelines, as determined by the division, to provide culturally affirmative mental health services and linguistically appropriate mental health services to clients; and (6) Develop and implement strategies for ensuring access to culturally affirmative mental health services and linguistically appropriate mental health services by clients in geographic areas where there is a lack or shortage of certified mental health professionals, including without limitation the authorization of treatment: (A) In a different location by certified mental health professionals; or (B) Through telemedicine or other remote technology that allows a client to be provided culturally affirmative mental health services and linguistically appropriate mental health services from certified mental health professionals. Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:

(1) Implement and maintain culturally affirmative mental health services and linguistically appropriate mental health services for any client in his or her primary communication method;

(2) Recruit, develop, and maintain an adequate number of certified mental health professionals and other licensed and nonlicensed ancillary staff qualified to work in settings where mental health services are provided to clients to ensure the delivery of culturally affirmative mental health services and linguistically appropriate mental health services one-on-one to any client in his or her primary communication method;

(3) Monitor all culturally affirmative mental health services and linguistically appropriate mental health services to ensure that clients of all ages are adequately served;

(4) Provide adequate supplemental funding to all culturally affirmative mental health services and linguistically appropriate mental health services and incentives for certified mental health professionals;

(5) Establish a certification process for mental health professionals who meet all standards and guidelines, as determined by the division, to provide culturally affirmative mental health services and linguistically appropriate mental health services to clients; and

(6) Develop and implement strategies for ensuring access to culturally affirmative mental health services and linguistically appropriate mental health services by clients in geographic areas where there is a lack or shortage of certified mental health professionals, including without limitation the authorization of treatment: (A) In a different location by certified mental health professionals; or (B) Through telemedicine or other remote technology that allows a client to be provided culturally affirmative mental health services and linguistically appropriate mental health services from certified mental health professionals.

(A) In a different location by certified mental health professionals; or

(B) Through telemedicine or other remote technology that allows a client to be provided culturally affirmative mental health services and linguistically appropriate mental health services from certified mental health professionals.

Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-76-204 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-204
County offices - Powers and duties
Status: in_force

(a) The appropriate division of the Department of Human Services shall have authority to receive, disburse, and account for funds from the division, county, state, or any other source for purposes and plans approved by the division in accordance with the rules established by the division. (b) The appropriate division is empowered to receive and disburse funds received from the department for general relief purposes. The funds shall be spent and accounted for by the county offices in accordance with the rules and policies of the department pertaining to the granting of assistance and relief. (c) The appropriate division is authorized to establish a county welfare fund from which fund the county offices are authorized to make such disbursements and expenditures for general relief as may be necessary to carry out the purposes of this act and in accordance with the rules of the department. Amended by Act 2019, No. 315,§ 2240, eff. 7/24/2019. Acts 1939, No. 280, § 13; A.S.A. 1947, § 83-116.

(a) The appropriate division of the Department of Human Services shall have authority to receive, disburse, and account for funds from the division, county, state, or any other source for purposes and plans approved by the division in accordance with the rules established by the division.

(b) The appropriate division is empowered to receive and disburse funds received from the department for general relief purposes. The funds shall be spent and accounted for by the county offices in accordance with the rules and policies of the department pertaining to the granting of assistance and relief.

(c) The appropriate division is authorized to establish a county welfare fund from which fund the county offices are authorized to make such disbursements and expenditures for general relief as may be necessary to carry out the purposes of this act and in accordance with the rules of the department.

Amended by Act 2019, No. 315,§ 2240, eff. 7/24/2019.

Acts 1939, No. 280, § 13; A.S.A. 1947, § 83-116.
Ark. Code Ann. § 20-47-803 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-803
Definitions
Status: in_force

As used in this subchapter: (1) "Activities of daily living" means without limitation: (A) Ambulating; (B) Transferring; (C) Eating; (D) Bathing; (E) Dressing; (F) Grooming; and (G) Toileting; (2) (A) "Behavioral health impairment" means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions that interfere with one (1) or more activities of daily living. (B) "Behavioral health impairment" may include a temporary behavioral health or mental impairment that results when an individual is under the influence of alcohol or a controlled substance to the extent that the impairment is substantial to the point of meeting the definition under subdivision (2)(A) of this section and is a manifestation of a mental health condition or a substance abuse disorder; (3) "Community mental health center" means an entity recognized by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services under § 20-46-301 et seq.; (4) "Comprehensive psychiatric emergency service" means a specialized psychiatric service operated by a crisis stabilization unit and located in or near a hospital or other facility that can provide psychiatric emergency services for a period of time greater than can be provided in the hospital or other facility; (5) "Crisis intervention protocol" means the implementation of established methods and procedures, including the creation of a behavioral health crisis intervention team and establishment of a crisis stabilization unit, to address a criminal or otherwise dangerous act by a member of the public who is an individual with a behavioral health impairment in a manner that results in the management of the individual's behavioral health impairment to the point that the individual is substantially less likely to commit a criminal or otherwise dangerous act; (6) (A) "Crisis intervention team" means a community partnership among law enforcement agencies and jail personnel, healthcare providers, and mental health professionals. (B) A crisis intervention team also may include consumers and family members of consumers to serve in an advisory capacity; (7) "Crisis intervention team officer" means a law enforcement officer who is: (A) Authorized to make arrests under the laws of this state; (B) Trained and certified in behavioral health crisis intervention by law enforcement under § 12-9-119 ; and (C) Employed by a law enforcement agency that is a participating partner in a crisis intervention team; (8) "Crisis stabilization unit" means a public or private facility operated by or used by a behavioral health crisis intervention team in the administration of a behavioral health crisis intervention protocol; (9) "Crisis stabilization unit catchment area" means the geographical area that a crisis stabilization unit serves; (10) "Extended observation bed" means a bed that is used by a comprehensive psychiatric emergency service in a facility certified by the Department of Human Services, or a division of the department, for the purpose of providing comprehensive psychiatric emergency services; (11) "Mental health professional" means a person qualified by licensure and experience in the diagnosis and treatment of behavioral health conditions; (12) "Participating partner" means a law enforcement agency, a community mental health center, a consumer, a crisis stabilization unit, a mental health services provider, mental health professional, or a hospital that has entered into the collaborative agreement required under § 20-47-806 to implement a crisis intervention protocol; (13) "Psychiatric emergency services" means services provided by mental health professionals that are designed to reduce the acute psychiatric symptoms of an individual with a behavioral health impairment and, when possible, to stabilize that individual so that continuing treatment can be provided in the individual's community; (14) "Psychiatric nurse practitioner" means a registered nurse licensed and certified by the Arkansas State Board of Nursing as an advanced practice nurse under the title of "Clinical Nurse Practitioner" or "Clinical Nurse Specialist" who: (A) Has completed at least one (1) year of advanced practice nursing as a clinical nurse practitioner or clinical nurse specialist; and (B) Is working within the scope of practice as authorized by law; (15) "Psychiatric physician assistant" means a physician assistant licensed by the Arkansas State Medical Board who: (A) Has completed at least one (1) year of practice as a physician assistant employed by a community mental health center; and (B) Is working under the supervision of a physician at a crisis stabilization unit; (16) "Substantial likelihood of bodily harm" means: (A) That an individual: (i) Has threatened or attempted to commit suicide or to inflict serious bodily harm against himself or herself; (ii) Has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another person, and there is a reasonable probability that the conduct will occur; (iii) Has placed another person in reasonable fear of serious bodily harm; or (iv) Is unable to avoid severe impairment or injury from a specific risk; and (B) There is a substantial likelihood that serious bodily harm will occur unless the individual is provided psychiatric emergency services and treatment; and (17) "Triage and referral services" means services designed to provide evaluation of an individual with a behavioral health impairment as defined under subdivision (2)(A) of this section in order to direct that individual to a community mental health center, mental health facility, hospital, or other mental health services provider that can provide appropriate treatment. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

As used in this subchapter:

(1) "Activities of daily living" means without limitation: (A) Ambulating; (B) Transferring; (C) Eating; (D) Bathing; (E) Dressing; (F) Grooming; and (G) Toileting;

(A) Ambulating;

(B) Transferring;

(C) Eating;

(D) Bathing;

(E) Dressing;

(F) Grooming; and

(G) Toileting;

(2) (A) "Behavioral health impairment" means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions that interfere with one (1) or more activities of daily living. (B) "Behavioral health impairment" may include a temporary behavioral health or mental impairment that results when an individual is under the influence of alcohol or a controlled substance to the extent that the impairment is substantial to the point of meeting the definition under subdivision (2)(A) of this section and is a manifestation of a mental health condition or a substance abuse disorder;

(A) "Behavioral health impairment" means a substantial impairment of emotional processes, the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions that interfere with one (1) or more activities of daily living.

(B) "Behavioral health impairment" may include a temporary behavioral health or mental impairment that results when an individual is under the influence of alcohol or a controlled substance to the extent that the impairment is substantial to the point of meeting the definition under subdivision (2)(A) of this section and is a manifestation of a mental health condition or a substance abuse disorder;

(3) "Community mental health center" means an entity recognized by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services under § 20-46-301 et seq.;

(4) "Comprehensive psychiatric emergency service" means a specialized psychiatric service operated by a crisis stabilization unit and located in or near a hospital or other facility that can provide psychiatric emergency services for a period of time greater than can be provided in the hospital or other facility;

(5) "Crisis intervention protocol" means the implementation of established methods and procedures, including the creation of a behavioral health crisis intervention team and establishment of a crisis stabilization unit, to address a criminal or otherwise dangerous act by a member of the public who is an individual with a behavioral health impairment in a manner that results in the management of the individual's behavioral health impairment to the point that the individual is substantially less likely to commit a criminal or otherwise dangerous act;

(6) (A) "Crisis intervention team" means a community partnership among law enforcement agencies and jail personnel, healthcare providers, and mental health professionals. (B) A crisis intervention team also may include consumers and family members of consumers to serve in an advisory capacity;

(A) "Crisis intervention team" means a community partnership among law enforcement agencies and jail personnel, healthcare providers, and mental health professionals.

(B) A crisis intervention team also may include consumers and family members of consumers to serve in an advisory capacity;

(7) "Crisis intervention team officer" means a law enforcement officer who is: (A) Authorized to make arrests under the laws of this state; (B) Trained and certified in behavioral health crisis intervention by law enforcement under § 12-9-119 ; and (C) Employed by a law enforcement agency that is a participating partner in a crisis intervention team;

(A) Authorized to make arrests under the laws of this state;

(B) Trained and certified in behavioral health crisis intervention by law enforcement under § 12-9-119 ; and

(C) Employed by a law enforcement agency that is a participating partner in a crisis intervention team;

(8) "Crisis stabilization unit" means a public or private facility operated by or used by a behavioral health crisis intervention team in the administration of a behavioral health crisis intervention protocol;

(9) "Crisis stabilization unit catchment area" means the geographical area that a crisis stabilization unit serves;

(10) "Extended observation bed" means a bed that is used by a comprehensive psychiatric emergency service in a facility certified by the Department of Human Services, or a division of the department, for the purpose of providing comprehensive psychiatric emergency services;

(11) "Mental health professional" means a person qualified by licensure and experience in the diagnosis and treatment of behavioral health conditions;

(12) "Participating partner" means a law enforcement agency, a community mental health center, a consumer, a crisis stabilization unit, a mental health services provider, mental health professional, or a hospital that has entered into the collaborative agreement required under § 20-47-806 to implement a crisis intervention protocol;

(13) "Psychiatric emergency services" means services provided by mental health professionals that are designed to reduce the acute psychiatric symptoms of an individual with a behavioral health impairment and, when possible, to stabilize that individual so that continuing treatment can be provided in the individual's community;

(14) "Psychiatric nurse practitioner" means a registered nurse licensed and certified by the Arkansas State Board of Nursing as an advanced practice nurse under the title of "Clinical Nurse Practitioner" or "Clinical Nurse Specialist" who: (A) Has completed at least one (1) year of advanced practice nursing as a clinical nurse practitioner or clinical nurse specialist; and (B) Is working within the scope of practice as authorized by law;

(A) Has completed at least one (1) year of advanced practice nursing as a clinical nurse practitioner or clinical nurse specialist; and

(B) Is working within the scope of practice as authorized by law;

(15) "Psychiatric physician assistant" means a physician assistant licensed by the Arkansas State Medical Board who: (A) Has completed at least one (1) year of practice as a physician assistant employed by a community mental health center; and (B) Is working under the supervision of a physician at a crisis stabilization unit;

(A) Has completed at least one (1) year of practice as a physician assistant employed by a community mental health center; and

(B) Is working under the supervision of a physician at a crisis stabilization unit;

(16) "Substantial likelihood of bodily harm" means: (A) That an individual: (i) Has threatened or attempted to commit suicide or to inflict serious bodily harm against himself or herself; (ii) Has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another person, and there is a reasonable probability that the conduct will occur; (iii) Has placed another person in reasonable fear of serious bodily harm; or (iv) Is unable to avoid severe impairment or injury from a specific risk; and (B) There is a substantial likelihood that serious bodily harm will occur unless the individual is provided psychiatric emergency services and treatment; and

(A) That an individual: (i) Has threatened or attempted to commit suicide or to inflict serious bodily harm against himself or herself; (ii) Has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another person, and there is a reasonable probability that the conduct will occur; (iii) Has placed another person in reasonable fear of serious bodily harm; or (iv) Is unable to avoid severe impairment or injury from a specific risk; and

(i) Has threatened or attempted to commit suicide or to inflict serious bodily harm against himself or herself;

(ii) Has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another person, and there is a reasonable probability that the conduct will occur;

(iii) Has placed another person in reasonable fear of serious bodily harm; or

(iv) Is unable to avoid severe impairment or injury from a specific risk; and

(B) There is a substantial likelihood that serious bodily harm will occur unless the individual is provided psychiatric emergency services and treatment; and

(17) "Triage and referral services" means services designed to provide evaluation of an individual with a behavioral health impairment as defined under subdivision (2)(A) of this section in order to direct that individual to a community mental health center, mental health facility, hospital, or other mental health services provider that can provide appropriate treatment.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-17-1018 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1018
Violations, criminal penalties, and remedies
Status: in_force

(a) In addition to the civil provisions of this subchapter, it shall be unlawful for any person to: (1) Advertise or operate all or part of a cemetery as a perpetual care cemetery or permanent maintenance cemetery without holding a valid permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; or (2) Fail to place the required contributions into the permanent maintenance fund or to remove any principal of the permanent maintenance fund from trust. (b) Any person who knowingly violates subsection (a) of this section shall be guilty of a felony and upon pleading guilty or nolo contendere to or being found guilty of a violation of subsection (a) of this section shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment. (c) (1) (A) If it appears to the board that a person has engaged in or is about to engage in a violation of subdivision (a)(1) of this section, the board may summarily order the person to cease and desist from the act or practice. (B) Upon the entry of the order under subdivision (c)(1)(A) of this section, the board shall promptly notify the person that the order has been entered and state the reasons for the order. (2) (A) The person ordered to cease and desist may contest the cease and desist order by delivering a written request for a hearing to the board within thirty (30) days from the date that notice of the order is sent by the board to the last known address of the person by first class mail, postage prepaid. (B) The board shall schedule a hearing to be held within a reasonable amount of time after the Insurance Commissioner receives a timely written request for hearing. (C) If no hearing is requested and none is ordered by the board, the order will remain in effect until it is modified or vacated by the board. (D) After notice and an opportunity for a hearing, the board may: (i) Affirm, modify, or vacate the cease and desist order under subdivision (c)(1)(A) of this section; and (ii) For a violation of this subchapter, by order levy a fine not to exceed: (a) Ten thousand dollars ($10,000) for each violation; or (b) An amount equal to the total amount of money received in connection with each violation. (3) The board may apply to the Pulaski County Circuit Court to temporarily or permanently enjoin an act or practice that violates subdivision (a)(1) of this section and to enforce compliance with this subchapter: (A) After an order is issued under subdivision (c)(1) or subdivision (c)(2) of this section; or (B) Without issuing an order under subdivision (c)(1) or subdivision (c)(2) of this section. (4) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted. (5) The board is not required to post a bond to obtain the relief provided by this section. Amended by Act 2017, No. 788,§ 51, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 50, eff. 7/1/2018. Acts 1977, No. 352, § 21; A.S.A. 1947, § 82-426.21; Acts 1997, No. 295, § 10; 2011, No. 590, § 8.

(a) In addition to the civil provisions of this subchapter, it shall be unlawful for any person to: (1) Advertise or operate all or part of a cemetery as a perpetual care cemetery or permanent maintenance cemetery without holding a valid permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; or (2) Fail to place the required contributions into the permanent maintenance fund or to remove any principal of the permanent maintenance fund from trust.

(1) Advertise or operate all or part of a cemetery as a perpetual care cemetery or permanent maintenance cemetery without holding a valid permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; or

(2) Fail to place the required contributions into the permanent maintenance fund or to remove any principal of the permanent maintenance fund from trust.

(b) Any person who knowingly violates subsection (a) of this section shall be guilty of a felony and upon pleading guilty or nolo contendere to or being found guilty of a violation of subsection (a) of this section shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment.

(c) (1) (A) If it appears to the board that a person has engaged in or is about to engage in a violation of subdivision (a)(1) of this section, the board may summarily order the person to cease and desist from the act or practice. (B) Upon the entry of the order under subdivision (c)(1)(A) of this section, the board shall promptly notify the person that the order has been entered and state the reasons for the order. (2) (A) The person ordered to cease and desist may contest the cease and desist order by delivering a written request for a hearing to the board within thirty (30) days from the date that notice of the order is sent by the board to the last known address of the person by first class mail, postage prepaid. (B) The board shall schedule a hearing to be held within a reasonable amount of time after the Insurance Commissioner receives a timely written request for hearing. (C) If no hearing is requested and none is ordered by the board, the order will remain in effect until it is modified or vacated by the board. (D) After notice and an opportunity for a hearing, the board may: (i) Affirm, modify, or vacate the cease and desist order under subdivision (c)(1)(A) of this section; and (ii) For a violation of this subchapter, by order levy a fine not to exceed: (a) Ten thousand dollars ($10,000) for each violation; or (b) An amount equal to the total amount of money received in connection with each violation. (3) The board may apply to the Pulaski County Circuit Court to temporarily or permanently enjoin an act or practice that violates subdivision (a)(1) of this section and to enforce compliance with this subchapter: (A) After an order is issued under subdivision (c)(1) or subdivision (c)(2) of this section; or (B) Without issuing an order under subdivision (c)(1) or subdivision (c)(2) of this section. (4) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted. (5) The board is not required to post a bond to obtain the relief provided by this section.

(1) (A) If it appears to the board that a person has engaged in or is about to engage in a violation of subdivision (a)(1) of this section, the board may summarily order the person to cease and desist from the act or practice. (B) Upon the entry of the order under subdivision (c)(1)(A) of this section, the board shall promptly notify the person that the order has been entered and state the reasons for the order.

(A) If it appears to the board that a person has engaged in or is about to engage in a violation of subdivision (a)(1) of this section, the board may summarily order the person to cease and desist from the act or practice.

(B) Upon the entry of the order under subdivision (c)(1)(A) of this section, the board shall promptly notify the person that the order has been entered and state the reasons for the order.

(2) (A) The person ordered to cease and desist may contest the cease and desist order by delivering a written request for a hearing to the board within thirty (30) days from the date that notice of the order is sent by the board to the last known address of the person by first class mail, postage prepaid. (B) The board shall schedule a hearing to be held within a reasonable amount of time after the Insurance Commissioner receives a timely written request for hearing. (C) If no hearing is requested and none is ordered by the board, the order will remain in effect until it is modified or vacated by the board. (D) After notice and an opportunity for a hearing, the board may: (i) Affirm, modify, or vacate the cease and desist order under subdivision (c)(1)(A) of this section; and (ii) For a violation of this subchapter, by order levy a fine not to exceed: (a) Ten thousand dollars ($10,000) for each violation; or (b) An amount equal to the total amount of money received in connection with each violation.

(A) The person ordered to cease and desist may contest the cease and desist order by delivering a written request for a hearing to the board within thirty (30) days from the date that notice of the order is sent by the board to the last known address of the person by first class mail, postage prepaid.

(B) The board shall schedule a hearing to be held within a reasonable amount of time after the Insurance Commissioner receives a timely written request for hearing.

(C) If no hearing is requested and none is ordered by the board, the order will remain in effect until it is modified or vacated by the board.

(D) After notice and an opportunity for a hearing, the board may: (i) Affirm, modify, or vacate the cease and desist order under subdivision (c)(1)(A) of this section; and (ii) For a violation of this subchapter, by order levy a fine not to exceed: (a) Ten thousand dollars ($10,000) for each violation; or (b) An amount equal to the total amount of money received in connection with each violation.

(i) Affirm, modify, or vacate the cease and desist order under subdivision (c)(1)(A) of this section; and

(ii) For a violation of this subchapter, by order levy a fine not to exceed: (a) Ten thousand dollars ($10,000) for each violation; or (b) An amount equal to the total amount of money received in connection with each violation.

(a) Ten thousand dollars ($10,000) for each violation; or

(b) An amount equal to the total amount of money received in connection with each violation.

(3) The board may apply to the Pulaski County Circuit Court to temporarily or permanently enjoin an act or practice that violates subdivision (a)(1) of this section and to enforce compliance with this subchapter: (A) After an order is issued under subdivision (c)(1) or subdivision (c)(2) of this section; or (B) Without issuing an order under subdivision (c)(1) or subdivision (c)(2) of this section.

(A) After an order is issued under subdivision (c)(1) or subdivision (c)(2) of this section; or

(B) Without issuing an order under subdivision (c)(1) or subdivision (c)(2) of this section.

(4) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.

(5) The board is not required to post a bond to obtain the relief provided by this section.

Amended by Act 2017, No. 788,§ 51, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 50, eff. 7/1/2018.

Acts 1977, No. 352, § 21; A.S.A. 1947, § 82-426.21; Acts 1997, No. 295, § 10; 2011, No. 590, § 8.
Ark. Code Ann. § 20-10-2304 — AR Code / Title 20 / Chapter 10 / Subchapter 23 / Section 20-10-2304
Rules
Status: in_force

(a) The State Board of Health shall promulgate rules necessary to implement this subchapter. (b) To be eligible for reimbursement under this subchapter, the private care agency shall provide personal care services that comply with rules promulgated by the board. (c) The board shall: (1) Establish a separate licensure category for private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week; (2) (A) Adopt, promulgate, and enforce rules and standards as necessary to implement this subchapter. (B) A rule adopted to implement this subchapter shall be amended or repealed by the board as in the interest of the public through the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (3) Require that: (A) (i) A qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and (B) A private care agency maintain a primary location in Arkansas and a sufficient number of regional offices to adequately service the administrative needs of the private care agency and the patients of the private care agency; and (4) Not require: (A) A registered nurse to visit a patient every sixty-two (62) days to supervise services; or (B) A branch office of a private care agency to be within a one-hundred-mile radius of a patient's home. (d) The Department of Health shall implement the board's rules and supervise the conduct of the private care agencies as defined under this subchapter. Amended by Act 2019, No. 811,§ 1, eff. 7/24/2019. Acts 2009, No. 5, § 1.

(a) The State Board of Health shall promulgate rules necessary to implement this subchapter.

(b) To be eligible for reimbursement under this subchapter, the private care agency shall provide personal care services that comply with rules promulgated by the board.

(c) The board shall: (1) Establish a separate licensure category for private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week; (2) (A) Adopt, promulgate, and enforce rules and standards as necessary to implement this subchapter. (B) A rule adopted to implement this subchapter shall be amended or repealed by the board as in the interest of the public through the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (3) Require that: (A) (i) A qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and (B) A private care agency maintain a primary location in Arkansas and a sufficient number of regional offices to adequately service the administrative needs of the private care agency and the patients of the private care agency; and (4) Not require: (A) A registered nurse to visit a patient every sixty-two (62) days to supervise services; or (B) A branch office of a private care agency to be within a one-hundred-mile radius of a patient's home.

(1) Establish a separate licensure category for private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week;

(2) (A) Adopt, promulgate, and enforce rules and standards as necessary to implement this subchapter. (B) A rule adopted to implement this subchapter shall be amended or repealed by the board as in the interest of the public through the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(A) Adopt, promulgate, and enforce rules and standards as necessary to implement this subchapter.

(B) A rule adopted to implement this subchapter shall be amended or repealed by the board as in the interest of the public through the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(3) Require that: (A) (i) A qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and (B) A private care agency maintain a primary location in Arkansas and a sufficient number of regional offices to adequately service the administrative needs of the private care agency and the patients of the private care agency; and

(A) (i) A qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and

(i) A qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse.

(ii) The frequency of in-person visits shall be at least annually.

(iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and

(a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education.

(b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and

(B) A private care agency maintain a primary location in Arkansas and a sufficient number of regional offices to adequately service the administrative needs of the private care agency and the patients of the private care agency; and

(4) Not require: (A) A registered nurse to visit a patient every sixty-two (62) days to supervise services; or (B) A branch office of a private care agency to be within a one-hundred-mile radius of a patient's home.

(A) A registered nurse to visit a patient every sixty-two (62) days to supervise services; or

(B) A branch office of a private care agency to be within a one-hundred-mile radius of a patient's home.

(d) The Department of Health shall implement the board's rules and supervise the conduct of the private care agencies as defined under this subchapter.

Amended by Act 2019, No. 811,§ 1, eff. 7/24/2019.

Acts 2009, No. 5, § 1.
Ark. Code Ann. § 20-76-704 — AR Code / Title 20 / Chapter 76 / Subchapter 7 / Section 20-76-704
Powers and duties
Status: in_force

(a) The Department of Human Services shall: (1) Consult with substance abuse treatment experts; (2) Develop appropriate screening techniques and processes to establish reasonable cause that an applicant or recipient is using a drug and to establish the necessary criteria to permit the Division of Workforce Services, in coordination with the department, to require the applicant or recipient to undergo no less than a five-panel drug test; (3) Identify and select a screening tool as a part of the development of the screening technique that will be employed for the drug screening and testing program under this subchapter; (4) Develop a plan for funding of the costs of the screening process, the no less than five-panel drug testing process, personnel and information systems modification, and other costs associated with the development and implementation of the testing process; and (5) Develop a plan for any modification of its information systems necessary to properly track and report the status of applicants or recipients who are screened and who must undergo testing as required by this subchapter, including without limitation a detailed analysis of costs for systems analysis, programming, and testing of modifications and for implementation dates for completion of the modifications. (b) Annually, the department shall submit a report of the past calendar year on or before February 1 to the General Assembly that includes without limitation: (1) The number of individuals screened; (2) The number of screened individuals for whom there was a reasonable suspicion of illegal drug use; (3) The number of screened individuals who took a drug test; (4) The number of screened individuals who refused to take a drug test; (5) The number of screened individuals who received a positive result on the drug test; (6) The number of screened individuals who received a negative result on the drug test; (7) The number of individuals who received a positive result on a drug test for a second or subsequent time; (8) The amount of costs incurred by the department for the administration of the drug screening and testing program; and (9) The number of applications and re-applications received for the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., in the previous year and the current year. Amended by Act 2023, No. 832,§ 25, eff. 7/1/2023. Amended by Act 2023, No. 832,§ 24, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 551, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 550, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 549, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 548, eff. 7/1/2019. Amended by Act 2017, No. 314,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 314,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 314,§ 4, eff. 8/1/2017. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

(a) The Department of Human Services shall: (1) Consult with substance abuse treatment experts; (2) Develop appropriate screening techniques and processes to establish reasonable cause that an applicant or recipient is using a drug and to establish the necessary criteria to permit the Division of Workforce Services, in coordination with the department, to require the applicant or recipient to undergo no less than a five-panel drug test; (3) Identify and select a screening tool as a part of the development of the screening technique that will be employed for the drug screening and testing program under this subchapter; (4) Develop a plan for funding of the costs of the screening process, the no less than five-panel drug testing process, personnel and information systems modification, and other costs associated with the development and implementation of the testing process; and (5) Develop a plan for any modification of its information systems necessary to properly track and report the status of applicants or recipients who are screened and who must undergo testing as required by this subchapter, including without limitation a detailed analysis of costs for systems analysis, programming, and testing of modifications and for implementation dates for completion of the modifications.

(1) Consult with substance abuse treatment experts;

(2) Develop appropriate screening techniques and processes to establish reasonable cause that an applicant or recipient is using a drug and to establish the necessary criteria to permit the Division of Workforce Services, in coordination with the department, to require the applicant or recipient to undergo no less than a five-panel drug test;

(3) Identify and select a screening tool as a part of the development of the screening technique that will be employed for the drug screening and testing program under this subchapter;

(4) Develop a plan for funding of the costs of the screening process, the no less than five-panel drug testing process, personnel and information systems modification, and other costs associated with the development and implementation of the testing process; and

(5) Develop a plan for any modification of its information systems necessary to properly track and report the status of applicants or recipients who are screened and who must undergo testing as required by this subchapter, including without limitation a detailed analysis of costs for systems analysis, programming, and testing of modifications and for implementation dates for completion of the modifications.

(b) Annually, the department shall submit a report of the past calendar year on or before February 1 to the General Assembly that includes without limitation: (1) The number of individuals screened; (2) The number of screened individuals for whom there was a reasonable suspicion of illegal drug use; (3) The number of screened individuals who took a drug test; (4) The number of screened individuals who refused to take a drug test; (5) The number of screened individuals who received a positive result on the drug test; (6) The number of screened individuals who received a negative result on the drug test; (7) The number of individuals who received a positive result on a drug test for a second or subsequent time; (8) The amount of costs incurred by the department for the administration of the drug screening and testing program; and (9) The number of applications and re-applications received for the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., in the previous year and the current year.

(1) The number of individuals screened;

(2) The number of screened individuals for whom there was a reasonable suspicion of illegal drug use;

(3) The number of screened individuals who took a drug test;

(4) The number of screened individuals who refused to take a drug test;

(5) The number of screened individuals who received a positive result on the drug test;

(6) The number of screened individuals who received a negative result on the drug test;

(7) The number of individuals who received a positive result on a drug test for a second or subsequent time;

(8) The amount of costs incurred by the department for the administration of the drug screening and testing program; and

(9) The number of applications and re-applications received for the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., in the previous year and the current year.

Amended by Act 2023, No. 832,§ 25, eff. 7/1/2023.

Amended by Act 2023, No. 832,§ 24, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 551, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 550, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 549, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 548, eff. 7/1/2019.

Amended by Act 2017, No. 314,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 314,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 314,§ 4, eff. 8/1/2017.

Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-18-308 — AR Code / Title 20 / Chapter 18 / Subchapter 3 / Section 20-18-308
Reproductions of records and files
Status: in_force

(a) To preserve vital records, the State Registrar of Vital Records may prepare typewritten, photographic, electronic, or other reproductions of original records and files in the Division of Vital Records. (b) When verified and approved by the state registrar, the reproductions shall be accepted as the original records. (c) The documents from which permanent reproductions have been made may be disposed of as provided by rule. Amended by Act 2019, No. 315,§ 1966, eff. 7/24/2019. Acts 1981, No. 120, § 21; A.S.A. 1947, § 82-521; Acts 1995, No. 1254, § 15.

(a) To preserve vital records, the State Registrar of Vital Records may prepare typewritten, photographic, electronic, or other reproductions of original records and files in the Division of Vital Records.

(b) When verified and approved by the state registrar, the reproductions shall be accepted as the original records.

(c) The documents from which permanent reproductions have been made may be disposed of as provided by rule.

Amended by Act 2019, No. 315,§ 1966, eff. 7/24/2019.

Acts 1981, No. 120, § 21; A.S.A. 1947, § 82-521; Acts 1995, No. 1254, § 15.
Ark. Code Ann. § 20-27-2112 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2112
Local regulation
Status: in_force

This subchapter preempts any local law, ordinance, or regulation that conflicts with any provision of this subchapter or any policy of the state implemented in accordance with this subchapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation that conflicts with or is preempted by this subchapter. Acts 2009, No. 697, § 2.

This subchapter preempts any local law, ordinance, or regulation that conflicts with any provision of this subchapter or any policy of the state implemented in accordance with this subchapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation that conflicts with or is preempted by this subchapter.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-22-604 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-604
Penalties
Status: in_force

(a) The Arkansas Fire Protection Licensing Board, in a lawful proceeding respecting licensing as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board. (b) In addition to the penalties under subsection (a) of this section, the board also may take action against any firm or individual by suspending or revoking the firm's or individual's license, placing the firm or individual on probation, or refusing to issue new or renewal licenses or certificates. (c) The board may require a firm to pay all necessary and proper costs incurred by the board in the preparation, conduct, and findings of a hearing involving correcting the action or work performed in violation of a statute, rule, or order enforceable by the board. Acts 1977, No. 743, § 15; A.S.A. 1947, § 82-846; Acts 1991, No. 392, § 2; 1993, No. 1215, § 3; 2009, No. 422, § 4; 2011, No. 838, § 2; 2011, No. 1121, § 7.

(a) The Arkansas Fire Protection Licensing Board, in a lawful proceeding respecting licensing as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board.

(b) In addition to the penalties under subsection (a) of this section, the board also may take action against any firm or individual by suspending or revoking the firm's or individual's license, placing the firm or individual on probation, or refusing to issue new or renewal licenses or certificates.

(c) The board may require a firm to pay all necessary and proper costs incurred by the board in the preparation, conduct, and findings of a hearing involving correcting the action or work performed in violation of a statute, rule, or order enforceable by the board.

Acts 1977, No. 743, § 15; A.S.A. 1947, § 82-846; Acts 1991, No. 392, § 2; 1993, No. 1215, § 3; 2009, No. 422, § 4; 2011, No. 838, § 2; 2011, No. 1121, § 7.
Ark. Code Ann. § 20-21-306 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-306
State Electronic Product Control Agency
Status: in_force

(a) The State Board of Health is designated as the State Electronic Product Control Agency. (b) The Secretary of the Department of Health shall be Director of the State Electronic Product Control Agency and shall perform the functions vested in the agency pursuant to this subchapter. (c) In accordance with the laws of the State of Arkansas, the agency may employ, compensate, and prescribe the powers and duties of such individuals as may be necessary to carry out this subchapter. (d) For the protection of the occupational and public health and safety, the agency shall: (1) Develop such programs as the agency determines are necessary for the evaluation and control of radiation hazards associated with the use of electronic products; (2) Develop programs and formulate, adopt, promulgate, and repeal codes and rules with due regard for compatibility with federal programs for licensing and regulation of certain electronic products and radiation therefrom; (3) Issue such orders, or modifications thereof, and conduct such hearing proceedings as may be necessary under this subchapter; (4) Advise, consult, and cooperate with other governmental agencies and with other groups concerned with the control of radiation from electronic products; (5) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government or from other sources, public or private; (6) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation from electronic products; and (7) Collect and disseminate information relating to its functions, including: (A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of registrants requiring registration under this subchapter and any administrative or judicial action pertaining to this subchapter; and (C) Maintenance of a file of all rules relating to regulation of radiation from electronic products, pending or promulgated, and proceedings thereon. Amended by Act 2019, No. 315,§ 2030, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2029, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5024, eff. 7/1/2019. Acts 1969, No. 460, § 4; A.S.A. 1947, § 82-1531.

(a) The State Board of Health is designated as the State Electronic Product Control Agency.

(b) The Secretary of the Department of Health shall be Director of the State Electronic Product Control Agency and shall perform the functions vested in the agency pursuant to this subchapter.

(c) In accordance with the laws of the State of Arkansas, the agency may employ, compensate, and prescribe the powers and duties of such individuals as may be necessary to carry out this subchapter.

(d) For the protection of the occupational and public health and safety, the agency shall: (1) Develop such programs as the agency determines are necessary for the evaluation and control of radiation hazards associated with the use of electronic products; (2) Develop programs and formulate, adopt, promulgate, and repeal codes and rules with due regard for compatibility with federal programs for licensing and regulation of certain electronic products and radiation therefrom; (3) Issue such orders, or modifications thereof, and conduct such hearing proceedings as may be necessary under this subchapter; (4) Advise, consult, and cooperate with other governmental agencies and with other groups concerned with the control of radiation from electronic products; (5) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government or from other sources, public or private; (6) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation from electronic products; and (7) Collect and disseminate information relating to its functions, including: (A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of registrants requiring registration under this subchapter and any administrative or judicial action pertaining to this subchapter; and (C) Maintenance of a file of all rules relating to regulation of radiation from electronic products, pending or promulgated, and proceedings thereon.

(1) Develop such programs as the agency determines are necessary for the evaluation and control of radiation hazards associated with the use of electronic products;

(2) Develop programs and formulate, adopt, promulgate, and repeal codes and rules with due regard for compatibility with federal programs for licensing and regulation of certain electronic products and radiation therefrom;

(3) Issue such orders, or modifications thereof, and conduct such hearing proceedings as may be necessary under this subchapter;

(4) Advise, consult, and cooperate with other governmental agencies and with other groups concerned with the control of radiation from electronic products;

(5) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government or from other sources, public or private;

(6) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation from electronic products; and

(7) Collect and disseminate information relating to its functions, including: (A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of registrants requiring registration under this subchapter and any administrative or judicial action pertaining to this subchapter; and (C) Maintenance of a file of all rules relating to regulation of radiation from electronic products, pending or promulgated, and proceedings thereon.

(A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;

(B) Maintenance of a file of registrants requiring registration under this subchapter and any administrative or judicial action pertaining to this subchapter; and

(C) Maintenance of a file of all rules relating to regulation of radiation from electronic products, pending or promulgated, and proceedings thereon.

Amended by Act 2019, No. 315,§ 2030, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2029, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5024, eff. 7/1/2019.

Acts 1969, No. 460, § 4; A.S.A. 1947, § 82-1531.
Ark. Code Ann. § 20-20-206 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-206
State Plant Board - Powers and duties
Status: in_force

(a) (1) The State Plant Board shall administer and enforce this subchapter and shall have authority to issue rules after a public hearing following due notice to all interested persons to carry out the provisions of this subchapter. When the board finds it necessary to carry out the purpose and intent of this subchapter, rules may relate to the time, place, manner, amount, concentration, or other conditions under which pesticides may be distributed or applied and may restrict or prohibit use of pesticides in designated areas during specified periods of time to prevent unreasonable adverse effects by drift or misapplication to: (A) Plants, including forage plants, or adjacent or nearby lands; (B) Wildlife in the adjoining or nearby areas; (C) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and (D) Humans, animals, or beneficial insects. (2) In issuing rules, the board shall give consideration to pertinent research findings and recommendations of other agencies of this state, the United States Government, or other reliable sources. The board may by rule require that notice of a proposed application of a pesticide be given to owners or persons in control of lands adjoining the property to be treated or in the immediate vicinity thereof if it finds that the notice is necessary to carry out the purpose of this subchapter. (b) (1) For the purpose of uniformity and in order to enter into cooperative agreements, the board shall consider as restricted-use pesticides those uses or pesticides classified as such by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state restricted-use pesticides when after investigation it finds and determines the pesticides or pesticide uses to be injurious to humans, animals, or vegetation other than the pest or vegetation which it is intended to destroy or otherwise requires additional restrictions under the conditions set forth in § 20-20-203(26) . (2) The sale or distribution of pesticides for such uses in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules as may be made by the board after a public hearing. (3) The rules shall include rules which prescribe the time when and the conditions under which the materials may be used in different areas of the state. (4) The board in its rules may charge inspection, permit, and license fees sufficient to cover the cost of enforcement of this subsection. (c) Rules adopted under this subchapter shall not permit any pesticide use which is prohibited by the Federal Insecticide, Fungicide, and Rodenticide Act and regulations or orders issued under the Federal Insecticide, Fungicide, and Rodenticide Act. (d) Rules adopted under this subchapter as to applicators of restricted-use pesticides as designated under the Federal Insecticide, Fungicide, and Rodenticide Act shall not be inconsistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and regulations promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act. (e) After notice and opportunity for hearing, the board may declare as a pest any form of plant or animal life, other than humans and other than bacteria, viruses, and other microorganisms on or in living humans or other living animals, which is injurious to health or the environment. (f) In order to comply with section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, the board may make such reports to the United States Environmental Protection Agency in such form and containing such information as the United States Environmental Protection Agency may from time to time require. Amended by Act 2019, No. 315,§ 1985, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1984, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1983, eff. 7/24/2019. Acts 1975, No. 389, § 5; A.S.A. 1947, § 77-255.

(a) (1) The State Plant Board shall administer and enforce this subchapter and shall have authority to issue rules after a public hearing following due notice to all interested persons to carry out the provisions of this subchapter. When the board finds it necessary to carry out the purpose and intent of this subchapter, rules may relate to the time, place, manner, amount, concentration, or other conditions under which pesticides may be distributed or applied and may restrict or prohibit use of pesticides in designated areas during specified periods of time to prevent unreasonable adverse effects by drift or misapplication to: (A) Plants, including forage plants, or adjacent or nearby lands; (B) Wildlife in the adjoining or nearby areas; (C) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and (D) Humans, animals, or beneficial insects. (2) In issuing rules, the board shall give consideration to pertinent research findings and recommendations of other agencies of this state, the United States Government, or other reliable sources. The board may by rule require that notice of a proposed application of a pesticide be given to owners or persons in control of lands adjoining the property to be treated or in the immediate vicinity thereof if it finds that the notice is necessary to carry out the purpose of this subchapter.

(1) The State Plant Board shall administer and enforce this subchapter and shall have authority to issue rules after a public hearing following due notice to all interested persons to carry out the provisions of this subchapter. When the board finds it necessary to carry out the purpose and intent of this subchapter, rules may relate to the time, place, manner, amount, concentration, or other conditions under which pesticides may be distributed or applied and may restrict or prohibit use of pesticides in designated areas during specified periods of time to prevent unreasonable adverse effects by drift or misapplication to: (A) Plants, including forage plants, or adjacent or nearby lands; (B) Wildlife in the adjoining or nearby areas; (C) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and (D) Humans, animals, or beneficial insects.

(A) Plants, including forage plants, or adjacent or nearby lands;

(B) Wildlife in the adjoining or nearby areas;

(C) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and

(D) Humans, animals, or beneficial insects.

(2) In issuing rules, the board shall give consideration to pertinent research findings and recommendations of other agencies of this state, the United States Government, or other reliable sources. The board may by rule require that notice of a proposed application of a pesticide be given to owners or persons in control of lands adjoining the property to be treated or in the immediate vicinity thereof if it finds that the notice is necessary to carry out the purpose of this subchapter.

(b) (1) For the purpose of uniformity and in order to enter into cooperative agreements, the board shall consider as restricted-use pesticides those uses or pesticides classified as such by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state restricted-use pesticides when after investigation it finds and determines the pesticides or pesticide uses to be injurious to humans, animals, or vegetation other than the pest or vegetation which it is intended to destroy or otherwise requires additional restrictions under the conditions set forth in § 20-20-203(26) . (2) The sale or distribution of pesticides for such uses in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules as may be made by the board after a public hearing. (3) The rules shall include rules which prescribe the time when and the conditions under which the materials may be used in different areas of the state. (4) The board in its rules may charge inspection, permit, and license fees sufficient to cover the cost of enforcement of this subsection.

(1) For the purpose of uniformity and in order to enter into cooperative agreements, the board shall consider as restricted-use pesticides those uses or pesticides classified as such by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state restricted-use pesticides when after investigation it finds and determines the pesticides or pesticide uses to be injurious to humans, animals, or vegetation other than the pest or vegetation which it is intended to destroy or otherwise requires additional restrictions under the conditions set forth in § 20-20-203(26) .

(2) The sale or distribution of pesticides for such uses in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules as may be made by the board after a public hearing.

(3) The rules shall include rules which prescribe the time when and the conditions under which the materials may be used in different areas of the state.

(4) The board in its rules may charge inspection, permit, and license fees sufficient to cover the cost of enforcement of this subsection.

(c) Rules adopted under this subchapter shall not permit any pesticide use which is prohibited by the Federal Insecticide, Fungicide, and Rodenticide Act and regulations or orders issued under the Federal Insecticide, Fungicide, and Rodenticide Act.

(d) Rules adopted under this subchapter as to applicators of restricted-use pesticides as designated under the Federal Insecticide, Fungicide, and Rodenticide Act shall not be inconsistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and regulations promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act.

(e) After notice and opportunity for hearing, the board may declare as a pest any form of plant or animal life, other than humans and other than bacteria, viruses, and other microorganisms on or in living humans or other living animals, which is injurious to health or the environment.

(f) In order to comply with section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, the board may make such reports to the United States Environmental Protection Agency in such form and containing such information as the United States Environmental Protection Agency may from time to time require.

Amended by Act 2019, No. 315,§ 1985, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1984, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1983, eff. 7/24/2019.

Acts 1975, No. 389, § 5; A.S.A. 1947, § 77-255.
Ark. Code Ann. § 20-59-212 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-212
Plant permits - Cancellation, withdrawal, and suspension
Status: in_force

(a) Permits to operate milk, ice cream, and dairy product plants, as defined in §§ 20-59-206 - 20-59-211 , shall be issued for one (1) year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchapter after due notice in writing has been given and the licensee has been granted a hearing. (b) Any licensee whose permit shall have been cancelled, withdrawn, or suspended as provided in subsection (a) of this section shall have the right of appeal from the action of the board to the circuit court of the county of his or her residence. Acts 1973, No. 98, § 1; A.S.A. 1947, § 82-915.1.

(a) Permits to operate milk, ice cream, and dairy product plants, as defined in §§ 20-59-206 - 20-59-211 , shall be issued for one (1) year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchapter after due notice in writing has been given and the licensee has been granted a hearing.

(b) Any licensee whose permit shall have been cancelled, withdrawn, or suspended as provided in subsection (a) of this section shall have the right of appeal from the action of the board to the circuit court of the county of his or her residence.

Acts 1973, No. 98, § 1; A.S.A. 1947, § 82-915.1.
Ark. Code Ann. § 20-62-101 — AR Code / Title 20 / Chapter 62 / Section 20-62-101
Labels on certain drugs required
Status: in_force

(a) It shall be unlawful to sell at retail arsenic and its compounds, strychnine and its salts, corrosive sublimate, hydrocyanic acid, phosphorus, opium, morphine, laudanum, or any preparation of opium containing over two (2) grains to the ounce without the container's being plainly labeled in English with the name of the article, the name of the seller, and the word "POISON". (b) Any person who violates any of the provisions of this section shall be guilty of a violation and upon conviction be sentenced to pay a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. Acts 1899, No. 147, §§ 3, 4, p. 268; C. & M. Dig., §§ 8282c, 8282d; Pope's Dig., §§ 10858, 10859; A.S.A. 1947, §§ 82-942, 82-943; Acts 2005, No. 1994, § 138.

(a) It shall be unlawful to sell at retail arsenic and its compounds, strychnine and its salts, corrosive sublimate, hydrocyanic acid, phosphorus, opium, morphine, laudanum, or any preparation of opium containing over two (2) grains to the ounce without the container's being plainly labeled in English with the name of the article, the name of the seller, and the word "POISON".

(b) Any person who violates any of the provisions of this section shall be guilty of a violation and upon conviction be sentenced to pay a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense.

Acts 1899, No. 147, §§ 3, 4, p. 268; C. & M. Dig., §§ 8282c, 8282d; Pope's Dig., §§ 10858, 10859; A.S.A. 1947, §§ 82-942, 82-943; Acts 2005, No. 1994, § 138.
Ark. Code Ann. § 20-9-606 — AR Code / Title 20 / Chapter 9 / Subchapter 6 / Section 20-9-606
Pelvic examination on unconscious or anesthetized patient - Consent
Status: in_force

(a) A healthcare professional shall not perform a pelvic examination on an unconscious or anesthetized patient unless: (1) The healthcare professional obtains written consent from the patient or the patient's representative before performing the pelvic examination; (2) A court orders performance of the pelvic examination for collection of evidence; (3) The performance of the pelvic examination is within the scope and standard of care for the procedure or diagnostic examination to be performed on the patient and the patient or the patient's representative has given informed consent; or (4) A medical emergency exists and the pelvic examination is immediately necessary for diagnosis or treatment of the patient. (b) A student or trainee in a clinical setting shall only perform a pelvic examination on an unconscious or anesthetized patient for teaching purposes if the pelvic examination is: (1) Explicitly consented to by the patient or the patient's representative; (2) Medically related to the planned or performed procedure; (3) Performed by a student or trainee who has been made known to the patient as being part of his or her care team; and (4) Conducted under the direct supervision of an educator. (c) If a pelvic examination is performed on an unconscious or anesthetized patient by a healthcare professional or a student or trainee in a clinical setting under subdivisions (a)(2)-(4) of this section, the healthcare professional or student or trainee shall notify the patient at a reasonable time before the patient is discharged from the care of the healthcare professional or the student or trainee. (d) A violation of this section shall constitute grounds for disciplinary action by the appropriate licensing board or medical education program. Added by Act 2021, No. 346,§ 1, eff. 7/28/2021.

(a) A healthcare professional shall not perform a pelvic examination on an unconscious or anesthetized patient unless: (1) The healthcare professional obtains written consent from the patient or the patient's representative before performing the pelvic examination; (2) A court orders performance of the pelvic examination for collection of evidence; (3) The performance of the pelvic examination is within the scope and standard of care for the procedure or diagnostic examination to be performed on the patient and the patient or the patient's representative has given informed consent; or (4) A medical emergency exists and the pelvic examination is immediately necessary for diagnosis or treatment of the patient.

(1) The healthcare professional obtains written consent from the patient or the patient's representative before performing the pelvic examination;

(2) A court orders performance of the pelvic examination for collection of evidence;

(3) The performance of the pelvic examination is within the scope and standard of care for the procedure or diagnostic examination to be performed on the patient and the patient or the patient's representative has given informed consent; or

(4) A medical emergency exists and the pelvic examination is immediately necessary for diagnosis or treatment of the patient.

(b) A student or trainee in a clinical setting shall only perform a pelvic examination on an unconscious or anesthetized patient for teaching purposes if the pelvic examination is: (1) Explicitly consented to by the patient or the patient's representative; (2) Medically related to the planned or performed procedure; (3) Performed by a student or trainee who has been made known to the patient as being part of his or her care team; and (4) Conducted under the direct supervision of an educator.

(1) Explicitly consented to by the patient or the patient's representative;

(2) Medically related to the planned or performed procedure;

(3) Performed by a student or trainee who has been made known to the patient as being part of his or her care team; and

(4) Conducted under the direct supervision of an educator.

(c) If a pelvic examination is performed on an unconscious or anesthetized patient by a healthcare professional or a student or trainee in a clinical setting under subdivisions (a)(2)-(4) of this section, the healthcare professional or student or trainee shall notify the patient at a reasonable time before the patient is discharged from the care of the healthcare professional or the student or trainee.

(d) A violation of this section shall constitute grounds for disciplinary action by the appropriate licensing board or medical education program.

Added by Act 2021, No. 346,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-14-901 — AR Code / Title 20 / Chapter 14 / Subchapter 9 / Section 20-14-901
Legislative intent
Status: in_force

The General Assembly finds that: (1) An intellectual or physical disability does not diminish an individual's right to health care; (2) The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical healthcare services; (3) Individuals with disabilities have historically been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure compliance; (4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is a suitable candidate to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and (5) Arkansas residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability. Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.

The General Assembly finds that:

(1) An intellectual or physical disability does not diminish an individual's right to health care;

(2) The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical healthcare services;

(3) Individuals with disabilities have historically been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure compliance;

(4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is a suitable candidate to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and

(5) Arkansas residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.

Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.