Ark. Code Ann. § 20-57-306 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-306
Vitamins and other ingredients - Flour
Status: in_force

(a) (1) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale within this state or to ship into this state for human consumption in this state any flour, as defined in § 20-57-302 , unless the following vitamins and other ingredients are contained in each pound of flour: (A) Not less than two milligrams (2 mg) of vitamin B1 (thiamin); (B) Not less than one and two-tenths milligrams (1.2 mg) of riboflavin; (C) Not less than sixteen milligrams (16 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and (D) Not less than thirteen milligrams (13 mg) of iron (Fe). (2) In addition to the above ingredients, the enrichment of self-rising flour requires not less than five hundred milligrams (500 mg) of calcium. (b) The ingredients and amounts listed in subsection (a) of this section are in accordance with the definition of enriched flour as promulgated by the United States Food and Drug Administration, 21 C.F.R. § 137.165 . (c) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, by a combination of these methods, or by any method which is permitted by the United States Food and Drug Administration with respect to flour introduced into interstate commerce. (d) The Secretary of the Department of Health is empowered with the authority and directed to change, or add to, the specifications for ingredients and the amounts thereof required to conform to the federal definition of enriched flour when promulgated or as may from time to time be amended. (e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour. (f) (1) The terms of this section shall not apply to flour sold to distributors, bakers, or other processors if the purchaser furnishes to the seller a certificate in such form as the secretary shall by rule prescribe, certifying that the flour will be: (A) Resold to a distributor, baker, or other processor; (B) Used in the manufacture, mixing, or compounding of flour, white bread, or rolls enriched to meet the requirements of this subchapter; or (C) Used in the manufacture of products other than flour, white bread, or rolls. (2) It shall be unlawful for any purchaser so furnishing any such certificate to use or resell the flour so purchased in any manner other than as prescribed in this section. Amended by Act 2019, No. 315,§ 2185, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5050, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5049, eff. 7/1/2019. Amended by Act 2015, No. 1157,§ 6, eff. 7/22/2015. Acts 1945, No. 214, § 3; A.S.A. 1947, § 82-936.

(a) (1) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale within this state or to ship into this state for human consumption in this state any flour, as defined in § 20-57-302 , unless the following vitamins and other ingredients are contained in each pound of flour: (A) Not less than two milligrams (2 mg) of vitamin B1 (thiamin); (B) Not less than one and two-tenths milligrams (1.2 mg) of riboflavin; (C) Not less than sixteen milligrams (16 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and (D) Not less than thirteen milligrams (13 mg) of iron (Fe). (2) In addition to the above ingredients, the enrichment of self-rising flour requires not less than five hundred milligrams (500 mg) of calcium.

(1) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale within this state or to ship into this state for human consumption in this state any flour, as defined in § 20-57-302 , unless the following vitamins and other ingredients are contained in each pound of flour: (A) Not less than two milligrams (2 mg) of vitamin B1 (thiamin); (B) Not less than one and two-tenths milligrams (1.2 mg) of riboflavin; (C) Not less than sixteen milligrams (16 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and (D) Not less than thirteen milligrams (13 mg) of iron (Fe).

(A) Not less than two milligrams (2 mg) of vitamin B1 (thiamin);

(B) Not less than one and two-tenths milligrams (1.2 mg) of riboflavin;

(C) Not less than sixteen milligrams (16 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and

(D) Not less than thirteen milligrams (13 mg) of iron (Fe).

(2) In addition to the above ingredients, the enrichment of self-rising flour requires not less than five hundred milligrams (500 mg) of calcium.

(b) The ingredients and amounts listed in subsection (a) of this section are in accordance with the definition of enriched flour as promulgated by the United States Food and Drug Administration, 21 C.F.R. § 137.165 .

(c) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, by a combination of these methods, or by any method which is permitted by the United States Food and Drug Administration with respect to flour introduced into interstate commerce.

(d) The Secretary of the Department of Health is empowered with the authority and directed to change, or add to, the specifications for ingredients and the amounts thereof required to conform to the federal definition of enriched flour when promulgated or as may from time to time be amended.

(e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.

(f) (1) The terms of this section shall not apply to flour sold to distributors, bakers, or other processors if the purchaser furnishes to the seller a certificate in such form as the secretary shall by rule prescribe, certifying that the flour will be: (A) Resold to a distributor, baker, or other processor; (B) Used in the manufacture, mixing, or compounding of flour, white bread, or rolls enriched to meet the requirements of this subchapter; or (C) Used in the manufacture of products other than flour, white bread, or rolls. (2) It shall be unlawful for any purchaser so furnishing any such certificate to use or resell the flour so purchased in any manner other than as prescribed in this section.

(1) The terms of this section shall not apply to flour sold to distributors, bakers, or other processors if the purchaser furnishes to the seller a certificate in such form as the secretary shall by rule prescribe, certifying that the flour will be: (A) Resold to a distributor, baker, or other processor; (B) Used in the manufacture, mixing, or compounding of flour, white bread, or rolls enriched to meet the requirements of this subchapter; or (C) Used in the manufacture of products other than flour, white bread, or rolls.

(A) Resold to a distributor, baker, or other processor;

(B) Used in the manufacture, mixing, or compounding of flour, white bread, or rolls enriched to meet the requirements of this subchapter; or

(C) Used in the manufacture of products other than flour, white bread, or rolls.

(2) It shall be unlawful for any purchaser so furnishing any such certificate to use or resell the flour so purchased in any manner other than as prescribed in this section.

Amended by Act 2019, No. 315,§ 2185, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5050, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5049, eff. 7/1/2019.

Amended by Act 2015, No. 1157,§ 6, eff. 7/22/2015.

Acts 1945, No. 214, § 3; A.S.A. 1947, § 82-936.
Ark. Code Ann. § 20-49-207 — AR Code / Title 20 / Chapter 49 / Subchapter 2 / Section 20-49-207
Nonliability of physician or hospital
Status: in_force

(a) No action shall be brought against any licensed hospital or its governing body, the members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor against any physician, nurse, or other person who participates in the performance of a sterilization procedure pursuant to and in compliance with a court order issued under the provisions of this chapter. (b) Nothing contained in this section is intended to exempt from liability any physician, nurse, or other person who, in his or her acts or omissions to act, is found to have failed to observe the standard of care prescribed by law. Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

(a) No action shall be brought against any licensed hospital or its governing body, the members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor against any physician, nurse, or other person who participates in the performance of a sterilization procedure pursuant to and in compliance with a court order issued under the provisions of this chapter.

(b) Nothing contained in this section is intended to exempt from liability any physician, nurse, or other person who, in his or her acts or omissions to act, is found to have failed to observe the standard of care prescribed by law.

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-77-144 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-144
Reimbursement for behavioral health services
Status: in_force

(a) The Arkansas Medicaid Program shall reimburse for behavioral health services that are provided in a federally qualified health center by at a minimum: (1) A clinical psychologist; (2) A licensed certified social worker; (3) A licensed professional counselor; (4) A licensed mental health counselor; or (5) A licensed marriage and family therapist. (b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section. Added by Act 2021, No. 764,§ 1, eff. 7/28/2021.

(a) The Arkansas Medicaid Program shall reimburse for behavioral health services that are provided in a federally qualified health center by at a minimum: (1) A clinical psychologist; (2) A licensed certified social worker; (3) A licensed professional counselor; (4) A licensed mental health counselor; or (5) A licensed marriage and family therapist.

(1) A clinical psychologist;

(2) A licensed certified social worker;

(3) A licensed professional counselor;

(4) A licensed mental health counselor; or

(5) A licensed marriage and family therapist.

(b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section.

Added by Act 2021, No. 764,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-14-203 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-203
Ex officio members
Status: in_force

(a) The Commissioner of Arkansas Rehabilitation Services, the director of the appropriate division as determined by the Secretary of the Department of Commerce, and the Director of the Division of Workforce Services or any director, commissioner, or administrator of successors' agencies shall serve as ex officio members of the Governor's Commission on People with Disabilities. (b) The Governor shall also appoint two (2) members of the General Assembly to serve as ex officio members of the commission. Amended by Act 2023, No. 182,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 499, eff. 7/1/2019. Acts 1985, No. 911, § 3; A.S.A. 1947, § 82-2910.

(a) The Commissioner of Arkansas Rehabilitation Services, the director of the appropriate division as determined by the Secretary of the Department of Commerce, and the Director of the Division of Workforce Services or any director, commissioner, or administrator of successors' agencies shall serve as ex officio members of the Governor's Commission on People with Disabilities.

(b) The Governor shall also appoint two (2) members of the General Assembly to serve as ex officio members of the commission.

Amended by Act 2023, No. 182,§ 6, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 499, eff. 7/1/2019.

Acts 1985, No. 911, § 3; A.S.A. 1947, § 82-2910.
Ark. Code Ann. § 20-26-405 — AR Code / Title 20 / Chapter 26 / Subchapter 4 / Section 20-26-405
Vented heating
Status: in_force

(a) Every person operating a tourist camp, motel, or auto court shall provide for the purpose of heating the individual rooms in the tourist camp, motel, or auto court stoves or heating units adequately vented to carry the products of combustion to the outside atmosphere. (b) (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be fined in any sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day of violation shall constitute a separate offense. Acts 1951, No. 362, §§ 1, 2; 1953, No. 379, § 1; A.S.A. 1947, §§ 71-1118, 71-1119; Acts 2005, No. 1994, § 124.

(a) Every person operating a tourist camp, motel, or auto court shall provide for the purpose of heating the individual rooms in the tourist camp, motel, or auto court stoves or heating units adequately vented to carry the products of combustion to the outside atmosphere.

(b) (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be fined in any sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day of violation shall constitute a separate offense.

(1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be fined in any sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

(2) Each day of violation shall constitute a separate offense.

Acts 1951, No. 362, §§ 1, 2; 1953, No. 379, § 1; A.S.A. 1947, §§ 71-1118, 71-1119; Acts 2005, No. 1994, § 124.
Ark. Code Ann. § 20-13-804 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-804
Powers and duties of the Department of Health
Status: in_force

(a) The Department of Health may develop and implement a comprehensive trauma care system that provides guidelines for the care of trauma victims and is fully integrated with all available resources, including, but not limited to, existing emergency medical services providers, hospitals, or other healthcare providers that would like to participate in the program. (b) (1) The department shall allocate funds deposited into the Public Health Fund to administer this subchapter. (2) Allocations of funds in the form of grants or contracts from the funds deposited into the Public Health Fund to administer this subchapter may include without limitation: (A) Emergency medical system care providers and ambulance providers under § 20-13-809 ; (B) Level I, Level II, Level III, and Level IV trauma centers under §§ 20-13-810 - 20-13-813 ; (C) Rehabilitation service providers under § 20-13-814 ; (D) Quality improvement organizations under § 20-13-815 ; (E) Trauma regional advisory councils under § 20-13-816 ; (F) Command and communication networks under § 20-13-817 ; and (G) Injury prevention programs under § 20-13-818 . (c) The funds deposited into the Public Health Fund to administer this subchapter will be used to fund two (2) general types of grants with entities necessary to administer this subchapter: (1) Start-up trauma grants to support initial costs required to qualify for participation in the trauma care system; and (2) Sustaining trauma grants to support ongoing readiness costs for continued participation in the trauma care system. (d) The department may contract with entities as necessary to implement this subchapter. Amended by Act 2017, No. 812,§ 1, eff. 8/1/2017. Acts 1993, No. 559, § 4; 2009, No. 393, § 1.

(a) The Department of Health may develop and implement a comprehensive trauma care system that provides guidelines for the care of trauma victims and is fully integrated with all available resources, including, but not limited to, existing emergency medical services providers, hospitals, or other healthcare providers that would like to participate in the program.

(b) (1) The department shall allocate funds deposited into the Public Health Fund to administer this subchapter. (2) Allocations of funds in the form of grants or contracts from the funds deposited into the Public Health Fund to administer this subchapter may include without limitation: (A) Emergency medical system care providers and ambulance providers under § 20-13-809 ; (B) Level I, Level II, Level III, and Level IV trauma centers under §§ 20-13-810 - 20-13-813 ; (C) Rehabilitation service providers under § 20-13-814 ; (D) Quality improvement organizations under § 20-13-815 ; (E) Trauma regional advisory councils under § 20-13-816 ; (F) Command and communication networks under § 20-13-817 ; and (G) Injury prevention programs under § 20-13-818 .

(1) The department shall allocate funds deposited into the Public Health Fund to administer this subchapter.

(2) Allocations of funds in the form of grants or contracts from the funds deposited into the Public Health Fund to administer this subchapter may include without limitation: (A) Emergency medical system care providers and ambulance providers under § 20-13-809 ; (B) Level I, Level II, Level III, and Level IV trauma centers under §§ 20-13-810 - 20-13-813 ; (C) Rehabilitation service providers under § 20-13-814 ; (D) Quality improvement organizations under § 20-13-815 ; (E) Trauma regional advisory councils under § 20-13-816 ; (F) Command and communication networks under § 20-13-817 ; and (G) Injury prevention programs under § 20-13-818 .

(A) Emergency medical system care providers and ambulance providers under § 20-13-809 ;

(B) Level I, Level II, Level III, and Level IV trauma centers under §§ 20-13-810 - 20-13-813 ;

(C) Rehabilitation service providers under § 20-13-814 ;

(D) Quality improvement organizations under § 20-13-815 ;

(E) Trauma regional advisory councils under § 20-13-816 ;

(F) Command and communication networks under § 20-13-817 ; and

(G) Injury prevention programs under § 20-13-818 .

(c) The funds deposited into the Public Health Fund to administer this subchapter will be used to fund two (2) general types of grants with entities necessary to administer this subchapter: (1) Start-up trauma grants to support initial costs required to qualify for participation in the trauma care system; and (2) Sustaining trauma grants to support ongoing readiness costs for continued participation in the trauma care system.

(1) Start-up trauma grants to support initial costs required to qualify for participation in the trauma care system; and

(2) Sustaining trauma grants to support ongoing readiness costs for continued participation in the trauma care system.

(d) The department may contract with entities as necessary to implement this subchapter.

Amended by Act 2017, No. 812,§ 1, eff. 8/1/2017.

Acts 1993, No. 559, § 4; 2009, No. 393, § 1.
Ark. Code Ann. § 20-60-301 — AR Code / Title 20 / Chapter 60 / Subchapter 3 / Section 20-60-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Meat and Meat Products Certification Act". Amended by Act 2021, No. 418,§ 3, eff. 3/23/2021. Acts 1971, No. 468, § 1; A.S.A. 1947, § 82-2018.

This subchapter shall be known and may be cited as the "Meat and Meat Products Certification Act".

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

Acts 1971, No. 468, § 1; A.S.A. 1947, § 82-2018.
Ark. Code Ann. § 20-48-511 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-511
Developmental disabilities - Timber sales proceeds - Capital improvements and equipment
Status: in_force

(a) (1) The Division of Developmental Disabilities Services is authorized to have cash fund accounts for capital improvements to physical plants and for the purchase of capital equipment for the five (5) human development centers operated by the division. (2) The cash funds shall be held by the division from the proceeds of the sale of timber that may be harvested from land owned by the division. (3) The harvesting of timber is specifically authorized to provide funds to finance capital improvements to the physical plants and for major capital equipment purchases at any of the five (5) human development centers. (b) All expenditures of funds derived from the sale of timber will be expended in accordance with relevant state procurement laws. (c) (1) The division shall report all income derived from timber management to the Chief Fiscal Officer of the State and to the Legislative Council. (2) Any contracts initiated for the harvesting of timber shall be submitted to the Review Subcommittee of the Legislative Council for review. Acts 1999, No. 1537, § 97.

(a) (1) The Division of Developmental Disabilities Services is authorized to have cash fund accounts for capital improvements to physical plants and for the purchase of capital equipment for the five (5) human development centers operated by the division. (2) The cash funds shall be held by the division from the proceeds of the sale of timber that may be harvested from land owned by the division. (3) The harvesting of timber is specifically authorized to provide funds to finance capital improvements to the physical plants and for major capital equipment purchases at any of the five (5) human development centers.

(1) The Division of Developmental Disabilities Services is authorized to have cash fund accounts for capital improvements to physical plants and for the purchase of capital equipment for the five (5) human development centers operated by the division.

(2) The cash funds shall be held by the division from the proceeds of the sale of timber that may be harvested from land owned by the division.

(3) The harvesting of timber is specifically authorized to provide funds to finance capital improvements to the physical plants and for major capital equipment purchases at any of the five (5) human development centers.

(b) All expenditures of funds derived from the sale of timber will be expended in accordance with relevant state procurement laws.

(c) (1) The division shall report all income derived from timber management to the Chief Fiscal Officer of the State and to the Legislative Council. (2) Any contracts initiated for the harvesting of timber shall be submitted to the Review Subcommittee of the Legislative Council for review.

(1) The division shall report all income derived from timber management to the Chief Fiscal Officer of the State and to the Legislative Council.

(2) Any contracts initiated for the harvesting of timber shall be submitted to the Review Subcommittee of the Legislative Council for review.

Acts 1999, No. 1537, § 97.
Ark. Code Ann. § 20-77-2708 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2708
Waiver and rulemaking authority
Status: in_force

The Department of Human Services: (1) Shall submit an application for any federal waivers, federal authority, or state plan amendments necessary to implement this subchapter; and (2) May promulgate rules as necessary to implement this subchapter. Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

The Department of Human Services:

(1) Shall submit an application for any federal waivers, federal authority, or state plan amendments necessary to implement this subchapter; and

(2) May promulgate rules as necessary to implement this subchapter.

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Ark. Code Ann. § 20-10-106 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-106
Nursing home alternatives - Income eligibility for participation in state funding
Status: in_force

(a) The maximum income eligibility for participation in state funding for nursing home alternatives shall be established at two hundred percent (200%) of the Supplemental Security Income level as provided by law. (b) This section shall in no way affect the Medicaid program or the Medicaid eligibility or benefits of any person. Acts 1991, No. 1157, §§ 1, 2.

(a) The maximum income eligibility for participation in state funding for nursing home alternatives shall be established at two hundred percent (200%) of the Supplemental Security Income level as provided by law.

(b) This section shall in no way affect the Medicaid program or the Medicaid eligibility or benefits of any person.

Acts 1991, No. 1157, §§ 1, 2.
Ark. Code Ann. § 20-13-509 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-509
Compensation for student workers
Status: in_force

(a) Subject to the approval of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences, registration or tuition fees, or both, in the University of Arkansas system are to be waived for those students who provide concurrent services to the Arkansas Poison and Drug Information Center of the College of Pharmacy of the University of Arkansas for Medical Sciences. (b) Any funds at the disposal of the College of Pharmacy of the University of Arkansas for Medical Sciences can be used to provide scholarships and fellowships to those providing services to the center. Acts 1975, No. 600, § 6; 1983, No. 793, § 1; A.S.A. 1947, § 82-3506.

(a) Subject to the approval of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences, registration or tuition fees, or both, in the University of Arkansas system are to be waived for those students who provide concurrent services to the Arkansas Poison and Drug Information Center of the College of Pharmacy of the University of Arkansas for Medical Sciences.

(b) Any funds at the disposal of the College of Pharmacy of the University of Arkansas for Medical Sciences can be used to provide scholarships and fellowships to those providing services to the center.

Acts 1975, No. 600, § 6; 1983, No. 793, § 1; A.S.A. 1947, § 82-3506.
Ark. Code Ann. § 20-78-209 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-209
License - Religious exception - Definitions
Status: in_force

(a) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a childcare facility shall be exempt from obtaining a license to operate the childcare facility upon the receipt by the Division of Child Care and Early Childhood Education of written request therefor. A written request shall be made by those churches desiring exemption to the division, which is mandated under the authority of this subchapter to license all childcare facilities. (b) (1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet. (2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities. (3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered. (4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division. (c) (1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination. (2) Final administrative actions of the division shall be pursued by either party in the court of competent jurisdiction in the resident county of the childcare facility under review. (3) Challenge to the constitutionality or reasonableness of any rule or statute may be made before any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) As used in this section, the term "substantial compliance" and as used in §§ 20-78-201 - 20-78-206 , 20-78-208 , 20-78-210 - 20-78-214 , and 20-78-218 , the term "is being operated in accordance with this act" shall each mean that a church-operated exempt or a nonexempt childcare facility is being operated within the minimum requirements for substantial compliance as promulgated by the division. It is the intent and purpose of this section that the term "substantial compliance" be applicable to all childcare facilities. (e) This section is cumulative to all other acts heretofore enacted. Amended by Act 2019, No. 315,§ 2283, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2282, eff. 7/24/2019. Acts 1983, No. 245, §§ 1-4, 6; A.S.A. 1947, §§ 83-920 -- 83-924; Acts 1991, No. 627, § 1; 1997, No. 1132, § 8; 1999, No. 1222, § 11.

(a) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a childcare facility shall be exempt from obtaining a license to operate the childcare facility upon the receipt by the Division of Child Care and Early Childhood Education of written request therefor. A written request shall be made by those churches desiring exemption to the division, which is mandated under the authority of this subchapter to license all childcare facilities.

(b) (1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet. (2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities. (3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered. (4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division.

(1) In order to maintain an exempt status, the childcare facility shall maintain in its files verification that its childcare facility has met the required fire, safety, and health inspections on an annual basis and is in substantial compliance with published standards that similar nonexempt childcare facilities are required to meet.

(2) Visits to review and advise exempt childcare facilities shall be made as deemed necessary by the division to verify and maintain substantial compliance with all published standards for nonexempt childcare facilities.

(3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child is not endangered.

(4) Standards for corporal punishment shall be as established by present rules unless alternative compliance is granted by the division.

(c) (1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination. (2) Final administrative actions of the division shall be pursued by either party in the court of competent jurisdiction in the resident county of the childcare facility under review. (3) Challenge to the constitutionality or reasonableness of any rule or statute may be made before any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Any questions of substantial compliance with the published standards, adverse actions, founded licensing complaints, and denied requests for alternative compliance shall be appealed first through the division's internal appeal process and then may be appealed to the Child Care Appeal Review Panel for determination.

(2) Final administrative actions of the division shall be pursued by either party in the court of competent jurisdiction in the resident county of the childcare facility under review.

(3) Challenge to the constitutionality or reasonableness of any rule or statute may be made before any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) As used in this section, the term "substantial compliance" and as used in §§ 20-78-201 - 20-78-206 , 20-78-208 , 20-78-210 - 20-78-214 , and 20-78-218 , the term "is being operated in accordance with this act" shall each mean that a church-operated exempt or a nonexempt childcare facility is being operated within the minimum requirements for substantial compliance as promulgated by the division. It is the intent and purpose of this section that the term "substantial compliance" be applicable to all childcare facilities.

(e) This section is cumulative to all other acts heretofore enacted.

Amended by Act 2019, No. 315,§ 2283, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2282, eff. 7/24/2019.

Acts 1983, No. 245, §§ 1-4, 6; A.S.A. 1947, §§ 83-920 -- 83-924; Acts 1991, No. 627, § 1; 1997, No. 1132, § 8; 1999, No. 1222, § 11.
Ark. Code Ann. § 20-59-202 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-202
Penalties
Status: in_force

Any person, firm, or corporation shall be guilty of a violation and shall be fined a sum not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300) if that person, firm, or corporation shall: (1) Hinder, obstruct, or in any way interfere with the Secretary of the Department of Health or his or her deputies while discharging the duties of inspection; (2) Obstruct or hinder in any way the secretary from carrying out the full meaning and intent of this subchapter; (3) Refuse or fail to make the reports provided for by §§ 20-59-206 - 20-59-211 and 20-59-214 - 20-59-246 ; (4) Refuse or neglect to conform to the rules of the Department of Health that have been published as provided in this subchapter regarding the care or condition of any animal kept for dairy purposes or for the sanitary conditions of any room, building, or place where dairy products are kept either for storage or for the purpose of sale and distribution; or (5) Sell, exhibit, or offer for sale any dairy product that is adulterated. Amended by Act 2019, No. 315,§ 2190, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5053, eff. 7/1/2019. Acts 1941, No. 114, § 5; A.S.A. 1947, § 82-916; Acts 2005, No. 1994, § 133.

Any person, firm, or corporation shall be guilty of a violation and shall be fined a sum not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300) if that person, firm, or corporation shall:

(1) Hinder, obstruct, or in any way interfere with the Secretary of the Department of Health or his or her deputies while discharging the duties of inspection;

(2) Obstruct or hinder in any way the secretary from carrying out the full meaning and intent of this subchapter;

(3) Refuse or fail to make the reports provided for by §§ 20-59-206 - 20-59-211 and 20-59-214 - 20-59-246 ;

(4) Refuse or neglect to conform to the rules of the Department of Health that have been published as provided in this subchapter regarding the care or condition of any animal kept for dairy purposes or for the sanitary conditions of any room, building, or place where dairy products are kept either for storage or for the purpose of sale and distribution; or

(5) Sell, exhibit, or offer for sale any dairy product that is adulterated.

Amended by Act 2019, No. 315,§ 2190, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5053, eff. 7/1/2019.

Acts 1941, No. 114, § 5; A.S.A. 1947, § 82-916; Acts 2005, No. 1994, § 133.
Ark. Code Ann. § 20-2-106 — AR Code / Title 20 / Chapter 2 / Section 20-2-106
Report on health disparities
Status: in_force

On or before October 1 each year, the Arkansas Minority Health Commission shall report to the Secretary of the Department of Health, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Committee on Public Health, Welfare, and Labor, and the Chair of the Senate Committee on Public Health, Welfare, and Labor without limitation: (1) Summarizing the previous year's work under § 20-2-103(a)(5) and (6) ; (2) Describing reductions in disparities in health and health care in this state; and (3) Outlining plans for continuing and expanding in the coming year the program to reduce disparities in health and health care in this state. Added by Act 2019, No. 389,§ 1, eff. 7/24/2019.

On or before October 1 each year, the Arkansas Minority Health Commission shall report to the Secretary of the Department of Health, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Committee on Public Health, Welfare, and Labor, and the Chair of the Senate Committee on Public Health, Welfare, and Labor without limitation:

(1) Summarizing the previous year's work under § 20-2-103(a)(5) and (6) ;

(2) Describing reductions in disparities in health and health care in this state; and

(3) Outlining plans for continuing and expanding in the coming year the program to reduce disparities in health and health care in this state.

Added by Act 2019, No. 389,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-59-102 — AR Code / Title 20 / Chapter 59 / Subchapter 1 / Section 20-59-102
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1145,§ 4, eff. 8/16/2013. Acts 1977, No. 409, § 3; A.S.A. 1947, § 82-4003.

Repealed by Act 2013, No. 1145,§ 4, eff. 8/16/2013.

Acts 1977, No. 409, § 3; A.S.A. 1947, § 82-4003.
Ark. Code Ann. § 20-32-101 — AR Code / Title 20 / Chapter 32 / Section 20-32-101
Definitions
Status: in_force

As used in this chapter: (1) "Commercial medical waste" means any medical waste transported from a generator to an off-site disposal facility when the off-site disposal facility is engaged in medical waste disposal for profit; (2) [Repealed.] (3) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land, used for treating, destroying, storing, or disposing of infectious waste. A facility may consist of several treatment, destruction, storage, or disposal operational units; (4) "Generator" means any person producing medical waste; (5) "Medical waste" means a waste from healthcare-related facilities, which, if improperly treated, handled, or disposed of may serve to transmit an infectious disease and which includes the following: (A) Pathological wastes - all human unfixed tissues, organs, and anatomical parts, other than intact skin, which emanate from surgeries, obstetrical procedures, dental procedures, autopsies, and laboratories. Such waste shall be exclusive of bulk formaldehyde and other preservative agents; (B) Liquid or semiliquid blood such as human blood, human blood components and products made from human blood, for example, serum and plasma, and other potentially infectious materials, to include regulated human body fluids such as semen, vaginal secretions, cerebrospinal fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids when it is difficult or impossible to differentiate between body fluids, not to include urine or feces, which cannot be discharged into the collection system of a publicly owned treatment works within the generating facility; (C) Contaminated items, to include dressings, bandages, packings, gauze, sponges, wipes, cotton rolls and balls, etc., which cannot be laundered and from which blood, blood components, or regulated body fluids drip freely, or that would release blood or regulated body fluids in a liquid or semiliquid state if compressed or that are caked with dried blood or regulated body fluids and are capable of releasing these materials during handling: (i) Disposable, single-use gloves such as surgical or examination gloves shall not be washed or decontaminated for reuse and are handled as a contaminated item; and (ii) Protective coverings such as plastic wrap and aluminum foil used to cover equipment and environmental surfaces when removed following their contamination are considered a contaminated item; (D) Microbiological waste - includes, but is not limited to, cells and tissue cultures, culture medium or other solution and stocks of infectious agents, organ cultures, culture dishes, devices used to transfer, inoculate, and mix cultures, paper and cloth which have come in contact with specimens or cultures, and discarded live vaccines; and (E) Contaminated sharps, which includes, but is not limited to, hypodermic needles, intravenous tubing with needles attached, syringes with attached needles, razor blades used in surgery, scalpel blades, Pasteur pipettes, broken glass from laboratories, and dental wires; (6) "Off-site" means any facility which is not on-site; (7) (A) "On-site" means a facility on the same or adjacent property. (B) "Adjacent" as used in this subdivision (7) means real property within four hundred yards (400 yds.) from the property boundary of the existing facility; (8) "Person" means an individual or any legal entity; (9) "Transport" means the movement of medical waste from the generator to any intermediate point and finally to the point of treatment or disposal; and (10) "Treater or disposer" means any facility as defined in subdivision (3) of this section or a commercial medical waste incineration facility as defined in § 8-6-1302 . Amended by Act 2019, No. 389,§ 51, eff. 7/24/2019. Acts 1992 (1st Ex. Sess.), No. 41, § 1; 1993, No. 491, § 2; 1993, No. 861, § 2.

As used in this chapter:

(1) "Commercial medical waste" means any medical waste transported from a generator to an off-site disposal facility when the off-site disposal facility is engaged in medical waste disposal for profit;

(2) [Repealed.]

(3) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land, used for treating, destroying, storing, or disposing of infectious waste. A facility may consist of several treatment, destruction, storage, or disposal operational units;

(4) "Generator" means any person producing medical waste;

(5) "Medical waste" means a waste from healthcare-related facilities, which, if improperly treated, handled, or disposed of may serve to transmit an infectious disease and which includes the following: (A) Pathological wastes - all human unfixed tissues, organs, and anatomical parts, other than intact skin, which emanate from surgeries, obstetrical procedures, dental procedures, autopsies, and laboratories. Such waste shall be exclusive of bulk formaldehyde and other preservative agents; (B) Liquid or semiliquid blood such as human blood, human blood components and products made from human blood, for example, serum and plasma, and other potentially infectious materials, to include regulated human body fluids such as semen, vaginal secretions, cerebrospinal fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids when it is difficult or impossible to differentiate between body fluids, not to include urine or feces, which cannot be discharged into the collection system of a publicly owned treatment works within the generating facility; (C) Contaminated items, to include dressings, bandages, packings, gauze, sponges, wipes, cotton rolls and balls, etc., which cannot be laundered and from which blood, blood components, or regulated body fluids drip freely, or that would release blood or regulated body fluids in a liquid or semiliquid state if compressed or that are caked with dried blood or regulated body fluids and are capable of releasing these materials during handling: (i) Disposable, single-use gloves such as surgical or examination gloves shall not be washed or decontaminated for reuse and are handled as a contaminated item; and (ii) Protective coverings such as plastic wrap and aluminum foil used to cover equipment and environmental surfaces when removed following their contamination are considered a contaminated item; (D) Microbiological waste - includes, but is not limited to, cells and tissue cultures, culture medium or other solution and stocks of infectious agents, organ cultures, culture dishes, devices used to transfer, inoculate, and mix cultures, paper and cloth which have come in contact with specimens or cultures, and discarded live vaccines; and (E) Contaminated sharps, which includes, but is not limited to, hypodermic needles, intravenous tubing with needles attached, syringes with attached needles, razor blades used in surgery, scalpel blades, Pasteur pipettes, broken glass from laboratories, and dental wires;

(A) Pathological wastes - all human unfixed tissues, organs, and anatomical parts, other than intact skin, which emanate from surgeries, obstetrical procedures, dental procedures, autopsies, and laboratories. Such waste shall be exclusive of bulk formaldehyde and other preservative agents;

(B) Liquid or semiliquid blood such as human blood, human blood components and products made from human blood, for example, serum and plasma, and other potentially infectious materials, to include regulated human body fluids such as semen, vaginal secretions, cerebrospinal fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids when it is difficult or impossible to differentiate between body fluids, not to include urine or feces, which cannot be discharged into the collection system of a publicly owned treatment works within the generating facility;

(C) Contaminated items, to include dressings, bandages, packings, gauze, sponges, wipes, cotton rolls and balls, etc., which cannot be laundered and from which blood, blood components, or regulated body fluids drip freely, or that would release blood or regulated body fluids in a liquid or semiliquid state if compressed or that are caked with dried blood or regulated body fluids and are capable of releasing these materials during handling: (i) Disposable, single-use gloves such as surgical or examination gloves shall not be washed or decontaminated for reuse and are handled as a contaminated item; and (ii) Protective coverings such as plastic wrap and aluminum foil used to cover equipment and environmental surfaces when removed following their contamination are considered a contaminated item;

(i) Disposable, single-use gloves such as surgical or examination gloves shall not be washed or decontaminated for reuse and are handled as a contaminated item; and

(ii) Protective coverings such as plastic wrap and aluminum foil used to cover equipment and environmental surfaces when removed following their contamination are considered a contaminated item;

(D) Microbiological waste - includes, but is not limited to, cells and tissue cultures, culture medium or other solution and stocks of infectious agents, organ cultures, culture dishes, devices used to transfer, inoculate, and mix cultures, paper and cloth which have come in contact with specimens or cultures, and discarded live vaccines; and

(E) Contaminated sharps, which includes, but is not limited to, hypodermic needles, intravenous tubing with needles attached, syringes with attached needles, razor blades used in surgery, scalpel blades, Pasteur pipettes, broken glass from laboratories, and dental wires;

(6) "Off-site" means any facility which is not on-site;

(7) (A) "On-site" means a facility on the same or adjacent property. (B) "Adjacent" as used in this subdivision (7) means real property within four hundred yards (400 yds.) from the property boundary of the existing facility;

(A) "On-site" means a facility on the same or adjacent property.

(B) "Adjacent" as used in this subdivision (7) means real property within four hundred yards (400 yds.) from the property boundary of the existing facility;

(8) "Person" means an individual or any legal entity;

(9) "Transport" means the movement of medical waste from the generator to any intermediate point and finally to the point of treatment or disposal; and

(10) "Treater or disposer" means any facility as defined in subdivision (3) of this section or a commercial medical waste incineration facility as defined in § 8-6-1302 .

Amended by Act 2019, No. 389,§ 51, eff. 7/24/2019.

Acts 1992 (1st Ex. Sess.), No. 41, § 1; 1993, No. 491, § 2; 1993, No. 861, § 2.
Ark. Code Ann. § 20-13-408 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-408
Auto-injectable epinephrine use by an authorized entity
Status: in_force

(a) In order to ensure the public health and safety, an authorized entity that acquires auto-injectable epinephrine shall ensure that: (1) An expected user: (A) Completes appropriate knowledge and skills courses at least one (1) time every two (2) years in anaphylaxis and auto-injectable epinephrine use; and (B) Obtains a certificate under this subchapter; (2) The auto-injectable epinephrine is maintained according to the manufacturer's operational guidelines and instructions in a locked, secure location; and (3) A person who renders emergency care or treatment to a person having an anaphylactic reaction by using auto-injectable epinephrine activates the emergency medical services system as soon as possible and immediately reports the use of auto-injectable epinephrine to the medical provider responding to the emergency. (b) An authorized entity and its expected users may: (1) Obtain a prescription in the name of the authorized entity for epinephrine auto-injectors and acquire epinephrine auto-injectors under the prescription; (2) Provide auto-injectable epinephrine for immediate self-administration to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy; and (3) Administer auto-injectable epinephrine directly to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has been previously diagnosed with an allergy. (c) An authorized entity that possesses and makes available auto-injectable epinephrine shall: (1) (A) Submit to the Department of Health a report of each incident on the authorized entity's premises in which the authorized entity provides or administers auto-injectable epinephrine. (B) The department annually shall publish a report that summarizes and analyzes the reports submitted under this subdivision (c)(1); and (2) Notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of auto-injectable epinephrine. Added by Act 2015, No. 1108,§ 4, eff. 7/22/2015.

(a) In order to ensure the public health and safety, an authorized entity that acquires auto-injectable epinephrine shall ensure that: (1) An expected user: (A) Completes appropriate knowledge and skills courses at least one (1) time every two (2) years in anaphylaxis and auto-injectable epinephrine use; and (B) Obtains a certificate under this subchapter; (2) The auto-injectable epinephrine is maintained according to the manufacturer's operational guidelines and instructions in a locked, secure location; and (3) A person who renders emergency care or treatment to a person having an anaphylactic reaction by using auto-injectable epinephrine activates the emergency medical services system as soon as possible and immediately reports the use of auto-injectable epinephrine to the medical provider responding to the emergency.

(1) An expected user: (A) Completes appropriate knowledge and skills courses at least one (1) time every two (2) years in anaphylaxis and auto-injectable epinephrine use; and (B) Obtains a certificate under this subchapter;

(A) Completes appropriate knowledge and skills courses at least one (1) time every two (2) years in anaphylaxis and auto-injectable epinephrine use; and

(B) Obtains a certificate under this subchapter;

(2) The auto-injectable epinephrine is maintained according to the manufacturer's operational guidelines and instructions in a locked, secure location; and

(3) A person who renders emergency care or treatment to a person having an anaphylactic reaction by using auto-injectable epinephrine activates the emergency medical services system as soon as possible and immediately reports the use of auto-injectable epinephrine to the medical provider responding to the emergency.

(b) An authorized entity and its expected users may: (1) Obtain a prescription in the name of the authorized entity for epinephrine auto-injectors and acquire epinephrine auto-injectors under the prescription; (2) Provide auto-injectable epinephrine for immediate self-administration to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy; and (3) Administer auto-injectable epinephrine directly to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has been previously diagnosed with an allergy.

(1) Obtain a prescription in the name of the authorized entity for epinephrine auto-injectors and acquire epinephrine auto-injectors under the prescription;

(2) Provide auto-injectable epinephrine for immediate self-administration to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy; and

(3) Administer auto-injectable epinephrine directly to an individual who the authorized entity or expected user believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has been previously diagnosed with an allergy.

(c) An authorized entity that possesses and makes available auto-injectable epinephrine shall: (1) (A) Submit to the Department of Health a report of each incident on the authorized entity's premises in which the authorized entity provides or administers auto-injectable epinephrine. (B) The department annually shall publish a report that summarizes and analyzes the reports submitted under this subdivision (c)(1); and (2) Notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of auto-injectable epinephrine.

(1) (A) Submit to the Department of Health a report of each incident on the authorized entity's premises in which the authorized entity provides or administers auto-injectable epinephrine. (B) The department annually shall publish a report that summarizes and analyzes the reports submitted under this subdivision (c)(1); and

(A) Submit to the Department of Health a report of each incident on the authorized entity's premises in which the authorized entity provides or administers auto-injectable epinephrine.

(B) The department annually shall publish a report that summarizes and analyzes the reports submitted under this subdivision (c)(1); and

(2) Notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of auto-injectable epinephrine.

Added by Act 2015, No. 1108,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 20-6-307 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-307
Relationship with advance directives
Status: in_force

(a) (1) A physician order for life-sustaining treatment form is not intended to replace an advance directive. (2) In executing a physician order for life-sustaining treatment form, a patient, the legal representative of the patient when applicable, and the physician shall make a good-faith effort to locate and incorporate treatment preferences documented in a previously executed advance directive, when appropriate and desired by the patient. (b) In the event of a conflict with a physician order for life-sustaining treatment form and an advance directive, either: (1) The document executed most recently by the patient shall take precedence regarding the medical decision or treatment preference at issue; or (2) If both the advance directive and the physician order for life-sustaining treatment form were executed by the legal representative of the patient, the advance directive shall take precedence regarding the medical decision or treatment preference at issue. (c) This section does not prohibit or require the execution, revocation, or modification of an advance directive. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

(a) (1) A physician order for life-sustaining treatment form is not intended to replace an advance directive. (2) In executing a physician order for life-sustaining treatment form, a patient, the legal representative of the patient when applicable, and the physician shall make a good-faith effort to locate and incorporate treatment preferences documented in a previously executed advance directive, when appropriate and desired by the patient.

(1) A physician order for life-sustaining treatment form is not intended to replace an advance directive.

(2) In executing a physician order for life-sustaining treatment form, a patient, the legal representative of the patient when applicable, and the physician shall make a good-faith effort to locate and incorporate treatment preferences documented in a previously executed advance directive, when appropriate and desired by the patient.

(b) In the event of a conflict with a physician order for life-sustaining treatment form and an advance directive, either: (1) The document executed most recently by the patient shall take precedence regarding the medical decision or treatment preference at issue; or (2) If both the advance directive and the physician order for life-sustaining treatment form were executed by the legal representative of the patient, the advance directive shall take precedence regarding the medical decision or treatment preference at issue.

(1) The document executed most recently by the patient shall take precedence regarding the medical decision or treatment preference at issue; or

(2) If both the advance directive and the physician order for life-sustaining treatment form were executed by the legal representative of the patient, the advance directive shall take precedence regarding the medical decision or treatment preference at issue.

(c) This section does not prohibit or require the execution, revocation, or modification of an advance directive.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-77-1904 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1904
Hospital Assessment Account
Status: in_force

(a) (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Hospital Assessment Account". (2) The hospital assessments imposed under § 20-77-1902 shall be deposited into the Hospital Assessment Account. (b) Moneys in the Hospital Assessment Account shall consist of: (1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from hospital assessments imposed under § 20-77-1902 ; (2) Any interest or penalties levied in conjunction with the administration of this subchapter; and (3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable. (c) The Hospital Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (d) Moneys in the Hospital Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid. (e) The Hospital Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues. (f) (1) Except as necessary to reimburse any funds borrowed to supplement funds in the Hospital Assessment Account, the moneys in the Hospital Assessment Account shall be used only as follows: (A) To make inpatient and outpatient hospital access payments under § 20-77-1908 ; (B) To reimburse moneys collected by the division from hospitals through error or mistake or under this subchapter; or (C) To pay an annual fee to the division in the amount of three and three-quarters percent (3.75%) of the assessments collected from hospitals under § 20-77-1902 each state fiscal year. (2) (A) The Hospital Assessment Account shall retain account balances remaining each fiscal year. (B) At the end of each fiscal year, any positive balance remaining in the Hospital Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of hospital assessment funds that must be generated during the subsequent fiscal year. (3) A hospital shall not be guaranteed that its inpatient and outpatient hospital access payments will equal or exceed the amount of its hospital assessment. Acts 2009, No. 562, § 1.

(a) (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Hospital Assessment Account". (2) The hospital assessments imposed under § 20-77-1902 shall be deposited into the Hospital Assessment Account.

(1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Hospital Assessment Account".

(2) The hospital assessments imposed under § 20-77-1902 shall be deposited into the Hospital Assessment Account.

(b) Moneys in the Hospital Assessment Account shall consist of: (1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from hospital assessments imposed under § 20-77-1902 ; (2) Any interest or penalties levied in conjunction with the administration of this subchapter; and (3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.

(1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from hospital assessments imposed under § 20-77-1902 ;

(2) Any interest or penalties levied in conjunction with the administration of this subchapter; and

(3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.

(c) The Hospital Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.

(d) Moneys in the Hospital Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.

(e) The Hospital Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.

(f) (1) Except as necessary to reimburse any funds borrowed to supplement funds in the Hospital Assessment Account, the moneys in the Hospital Assessment Account shall be used only as follows: (A) To make inpatient and outpatient hospital access payments under § 20-77-1908 ; (B) To reimburse moneys collected by the division from hospitals through error or mistake or under this subchapter; or (C) To pay an annual fee to the division in the amount of three and three-quarters percent (3.75%) of the assessments collected from hospitals under § 20-77-1902 each state fiscal year. (2) (A) The Hospital Assessment Account shall retain account balances remaining each fiscal year. (B) At the end of each fiscal year, any positive balance remaining in the Hospital Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of hospital assessment funds that must be generated during the subsequent fiscal year. (3) A hospital shall not be guaranteed that its inpatient and outpatient hospital access payments will equal or exceed the amount of its hospital assessment.

(1) Except as necessary to reimburse any funds borrowed to supplement funds in the Hospital Assessment Account, the moneys in the Hospital Assessment Account shall be used only as follows: (A) To make inpatient and outpatient hospital access payments under § 20-77-1908 ; (B) To reimburse moneys collected by the division from hospitals through error or mistake or under this subchapter; or (C) To pay an annual fee to the division in the amount of three and three-quarters percent (3.75%) of the assessments collected from hospitals under § 20-77-1902 each state fiscal year.

(A) To make inpatient and outpatient hospital access payments under § 20-77-1908 ;

(B) To reimburse moneys collected by the division from hospitals through error or mistake or under this subchapter; or

(C) To pay an annual fee to the division in the amount of three and three-quarters percent (3.75%) of the assessments collected from hospitals under § 20-77-1902 each state fiscal year.

(2) (A) The Hospital Assessment Account shall retain account balances remaining each fiscal year. (B) At the end of each fiscal year, any positive balance remaining in the Hospital Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of hospital assessment funds that must be generated during the subsequent fiscal year.

(A) The Hospital Assessment Account shall retain account balances remaining each fiscal year.

(B) At the end of each fiscal year, any positive balance remaining in the Hospital Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of hospital assessment funds that must be generated during the subsequent fiscal year.

(3) A hospital shall not be guaranteed that its inpatient and outpatient hospital access payments will equal or exceed the amount of its hospital assessment.

Acts 2009, No. 562, § 1.
Ark. Code Ann. § 20-16-406 — AR Code / Title 20 / Chapter 16 / Subchapter 4 / Section 20-16-406
No actionable right created
Status: in_force

Persons other than the state, the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall not acquire any actionable right by virtue of this subchapter. Acts 1983, No. 773, § 6; A.S.A. 1947, § 82-4606.

Persons other than the state, the University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall not acquire any actionable right by virtue of this subchapter.

Acts 1983, No. 773, § 6; A.S.A. 1947, § 82-4606.
Ark. Code Ann. § 20-10-1402 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1402
Staffing standards
Status: in_force

(a) As a condition of licensure by the Department of Human Services, a nursing facility, except a private pay-only nursing facility, shall: (1) (A) Be certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility, or in both. (B) A certified nursing facility is subject to the Medicare and Medicaid requirements of participation, including without limitation federal requirements related to nursing and other direct care staffing, directors of nursing, daily information posting, and staffing data reporting through the federal direct care data system; and (2) Provide each month direct care services by direct care staff equivalent to at least three and thirty-six hundredths (3.36) Average Direct Care Hours Per Resident Day. (b) (1) On or before the fifteenth day of each month, a certified nursing facility shall report electronically to the department the certified nursing facility's actual Average Direct Care Hours Per Resident Day for the prior month. (2) Hours used in determining actual Average Direct Care Hours Per Resident Day for each month shall be consistent with the certified nursing facility's final staffing data submission to the federal direct care data system for the applicable quarter and based on all direct care services labor categories and all direct care staff job codes. (3) When necessary to correct monthly report data following quarterly data validation and based on the final staffing data reported in the federal direct care data system for the applicable quarter, a certified nursing facility shall promptly file an amended monthly report with the department. (4) In the event of a public health emergency, natural disaster, other major emergency, or severe labor shortage, the department may temporarily waive the Average Direct Care Hours Per Resident Day requirements for any certified nursing facility or all certified nursing facilities in a county or state. (5) The department may audit these reports and request documentation from the certified nursing facility to ensure compliance with the requirements of this section. (c) As a condition of licensure by the department, a private pay-only nursing facility shall comply with all state requirements applicable to a private pay-only nursing facility, including rules promulgated by the department, and shall cooperate with the department audits, inspections, and document requests. (d) (1) The department shall promulgate rules as necessary to carry out the provisions of this section. (2) If the department promulgates rules, the rules shall: (A) Apply to conditions and processes of state licensure; (B) As applicable to a certified nursing facility, not exceed or duplicate Medicare and Medicaid requirements of participation, including staffing and data reporting requirements, except regarding Average Direct Care Hours Per Resident Day requirements; (C) Not require permission, waivers, or otherwise restrict a nursing facility from engaging in staffing-related practice permitted under Medicare and Medicaid requirements of participation, including without limitation: (i) The engagement of services of direct care staff and other personnel on a full-time or part-time basis and through employment, contracting, and staffing agencies, or any combination thereof; (ii) The use of fixed schedules, flex-time, rotating shifts, split shifts, compressed workweeks, and other alternative staffing schedules; and (iii) The use of a universal worker model to assign nurse aides other tasks, such as food service, laundry, and housekeeping, in addition to direct care responsibilities with direct care and nondirect care hours appropriately differentiated; and (D) As applicable to a private pay-only nursing facility, establish direct care services, staffing, and reporting requirements equivalent to those applicable to a certified nursing facility under this section or under Medicare and Medicaid requirements of participation. (e) This section does not require or advise any specific or minimum number of nursing staff hours, direct care staff hours, or hours of other services for any nursing facility resident. Amended by Act 2021, No. 715,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1900, eff. 7/24/2019. Acts 1999, No. 1529, § 2; 2001, No. 1397, § 2; 2005, No. 1411, § 2; 2007, No. 192, § 1.

(a) As a condition of licensure by the Department of Human Services, a nursing facility, except a private pay-only nursing facility, shall: (1) (A) Be certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility, or in both. (B) A certified nursing facility is subject to the Medicare and Medicaid requirements of participation, including without limitation federal requirements related to nursing and other direct care staffing, directors of nursing, daily information posting, and staffing data reporting through the federal direct care data system; and (2) Provide each month direct care services by direct care staff equivalent to at least three and thirty-six hundredths (3.36) Average Direct Care Hours Per Resident Day.

(1) (A) Be certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility, or in both. (B) A certified nursing facility is subject to the Medicare and Medicaid requirements of participation, including without limitation federal requirements related to nursing and other direct care staffing, directors of nursing, daily information posting, and staffing data reporting through the federal direct care data system; and

(A) Be certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility, or in both.

(B) A certified nursing facility is subject to the Medicare and Medicaid requirements of participation, including without limitation federal requirements related to nursing and other direct care staffing, directors of nursing, daily information posting, and staffing data reporting through the federal direct care data system; and

(2) Provide each month direct care services by direct care staff equivalent to at least three and thirty-six hundredths (3.36) Average Direct Care Hours Per Resident Day.

(b) (1) On or before the fifteenth day of each month, a certified nursing facility shall report electronically to the department the certified nursing facility's actual Average Direct Care Hours Per Resident Day for the prior month. (2) Hours used in determining actual Average Direct Care Hours Per Resident Day for each month shall be consistent with the certified nursing facility's final staffing data submission to the federal direct care data system for the applicable quarter and based on all direct care services labor categories and all direct care staff job codes. (3) When necessary to correct monthly report data following quarterly data validation and based on the final staffing data reported in the federal direct care data system for the applicable quarter, a certified nursing facility shall promptly file an amended monthly report with the department. (4) In the event of a public health emergency, natural disaster, other major emergency, or severe labor shortage, the department may temporarily waive the Average Direct Care Hours Per Resident Day requirements for any certified nursing facility or all certified nursing facilities in a county or state. (5) The department may audit these reports and request documentation from the certified nursing facility to ensure compliance with the requirements of this section.

(1) On or before the fifteenth day of each month, a certified nursing facility shall report electronically to the department the certified nursing facility's actual Average Direct Care Hours Per Resident Day for the prior month.

(2) Hours used in determining actual Average Direct Care Hours Per Resident Day for each month shall be consistent with the certified nursing facility's final staffing data submission to the federal direct care data system for the applicable quarter and based on all direct care services labor categories and all direct care staff job codes.

(3) When necessary to correct monthly report data following quarterly data validation and based on the final staffing data reported in the federal direct care data system for the applicable quarter, a certified nursing facility shall promptly file an amended monthly report with the department.

(4) In the event of a public health emergency, natural disaster, other major emergency, or severe labor shortage, the department may temporarily waive the Average Direct Care Hours Per Resident Day requirements for any certified nursing facility or all certified nursing facilities in a county or state.

(5) The department may audit these reports and request documentation from the certified nursing facility to ensure compliance with the requirements of this section.

(c) As a condition of licensure by the department, a private pay-only nursing facility shall comply with all state requirements applicable to a private pay-only nursing facility, including rules promulgated by the department, and shall cooperate with the department audits, inspections, and document requests.

(d) (1) The department shall promulgate rules as necessary to carry out the provisions of this section. (2) If the department promulgates rules, the rules shall: (A) Apply to conditions and processes of state licensure; (B) As applicable to a certified nursing facility, not exceed or duplicate Medicare and Medicaid requirements of participation, including staffing and data reporting requirements, except regarding Average Direct Care Hours Per Resident Day requirements; (C) Not require permission, waivers, or otherwise restrict a nursing facility from engaging in staffing-related practice permitted under Medicare and Medicaid requirements of participation, including without limitation: (i) The engagement of services of direct care staff and other personnel on a full-time or part-time basis and through employment, contracting, and staffing agencies, or any combination thereof; (ii) The use of fixed schedules, flex-time, rotating shifts, split shifts, compressed workweeks, and other alternative staffing schedules; and (iii) The use of a universal worker model to assign nurse aides other tasks, such as food service, laundry, and housekeeping, in addition to direct care responsibilities with direct care and nondirect care hours appropriately differentiated; and (D) As applicable to a private pay-only nursing facility, establish direct care services, staffing, and reporting requirements equivalent to those applicable to a certified nursing facility under this section or under Medicare and Medicaid requirements of participation.

(1) The department shall promulgate rules as necessary to carry out the provisions of this section.

(2) If the department promulgates rules, the rules shall: (A) Apply to conditions and processes of state licensure; (B) As applicable to a certified nursing facility, not exceed or duplicate Medicare and Medicaid requirements of participation, including staffing and data reporting requirements, except regarding Average Direct Care Hours Per Resident Day requirements; (C) Not require permission, waivers, or otherwise restrict a nursing facility from engaging in staffing-related practice permitted under Medicare and Medicaid requirements of participation, including without limitation: (i) The engagement of services of direct care staff and other personnel on a full-time or part-time basis and through employment, contracting, and staffing agencies, or any combination thereof; (ii) The use of fixed schedules, flex-time, rotating shifts, split shifts, compressed workweeks, and other alternative staffing schedules; and (iii) The use of a universal worker model to assign nurse aides other tasks, such as food service, laundry, and housekeeping, in addition to direct care responsibilities with direct care and nondirect care hours appropriately differentiated; and (D) As applicable to a private pay-only nursing facility, establish direct care services, staffing, and reporting requirements equivalent to those applicable to a certified nursing facility under this section or under Medicare and Medicaid requirements of participation.

(A) Apply to conditions and processes of state licensure;

(B) As applicable to a certified nursing facility, not exceed or duplicate Medicare and Medicaid requirements of participation, including staffing and data reporting requirements, except regarding Average Direct Care Hours Per Resident Day requirements;

(C) Not require permission, waivers, or otherwise restrict a nursing facility from engaging in staffing-related practice permitted under Medicare and Medicaid requirements of participation, including without limitation: (i) The engagement of services of direct care staff and other personnel on a full-time or part-time basis and through employment, contracting, and staffing agencies, or any combination thereof; (ii) The use of fixed schedules, flex-time, rotating shifts, split shifts, compressed workweeks, and other alternative staffing schedules; and (iii) The use of a universal worker model to assign nurse aides other tasks, such as food service, laundry, and housekeeping, in addition to direct care responsibilities with direct care and nondirect care hours appropriately differentiated; and

(i) The engagement of services of direct care staff and other personnel on a full-time or part-time basis and through employment, contracting, and staffing agencies, or any combination thereof;

(ii) The use of fixed schedules, flex-time, rotating shifts, split shifts, compressed workweeks, and other alternative staffing schedules; and

(iii) The use of a universal worker model to assign nurse aides other tasks, such as food service, laundry, and housekeeping, in addition to direct care responsibilities with direct care and nondirect care hours appropriately differentiated; and

(D) As applicable to a private pay-only nursing facility, establish direct care services, staffing, and reporting requirements equivalent to those applicable to a certified nursing facility under this section or under Medicare and Medicaid requirements of participation.

(e) This section does not require or advise any specific or minimum number of nursing staff hours, direct care staff hours, or hours of other services for any nursing facility resident.

Amended by Act 2021, No. 715,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1900, eff. 7/24/2019.

Acts 1999, No. 1529, § 2; 2001, No. 1397, § 2; 2005, No. 1411, § 2; 2007, No. 192, § 1.
Ark. Code Ann. § 20-3-106 — AR Code / Title 20 / Chapter 3 / Section 20-3-106
Rules
Status: in_force

Rules adopted under this chapter shall ensure that: (1) (A) A rollover from an ABLE account does not apply to an amount paid or distributed from the ABLE account to the extent that, not later than the sixtieth day after the date of the payment or distribution, the amount received is paid into another ABLE account for the benefit of the same designated beneficiary or an eligible individual who is a member of the family of the designated beneficiary; and (B) The limitation under subdivision (1)(A) of this section does not apply to a transfer if the transfer occurs within twelve (12) months after the date of a previous transfer under this chapter for the benefit of the designated beneficiary; (2) A person may make contributions for a taxable year for the benefit of an individual who is an eligible individual for the taxable year to an ABLE account that is established to meet the qualified disability expenses of the designated beneficiary of the ABLE account; (3) A designated beneficiary is limited to one (1) ABLE account; (4) An ABLE account may be established only for a designated beneficiary who is a resident of Arkansas or a resident of a contracting state; and (5) Other requirements of this chapter shall be met. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

Rules adopted under this chapter shall ensure that:

(1) (A) A rollover from an ABLE account does not apply to an amount paid or distributed from the ABLE account to the extent that, not later than the sixtieth day after the date of the payment or distribution, the amount received is paid into another ABLE account for the benefit of the same designated beneficiary or an eligible individual who is a member of the family of the designated beneficiary; and (B) The limitation under subdivision (1)(A) of this section does not apply to a transfer if the transfer occurs within twelve (12) months after the date of a previous transfer under this chapter for the benefit of the designated beneficiary;

(A) A rollover from an ABLE account does not apply to an amount paid or distributed from the ABLE account to the extent that, not later than the sixtieth day after the date of the payment or distribution, the amount received is paid into another ABLE account for the benefit of the same designated beneficiary or an eligible individual who is a member of the family of the designated beneficiary; and

(B) The limitation under subdivision (1)(A) of this section does not apply to a transfer if the transfer occurs within twelve (12) months after the date of a previous transfer under this chapter for the benefit of the designated beneficiary;

(2) A person may make contributions for a taxable year for the benefit of an individual who is an eligible individual for the taxable year to an ABLE account that is established to meet the qualified disability expenses of the designated beneficiary of the ABLE account;

(3) A designated beneficiary is limited to one (1) ABLE account;

(4) An ABLE account may be established only for a designated beneficiary who is a resident of Arkansas or a resident of a contracting state; and

(5) Other requirements of this chapter shall be met.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-47-210 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-210
Immediate confinement - Initial evaluation and treatment
Status: in_force

(a) Whenever it appears that a person is of danger to himself or herself or others, as defined in § 20-47-207 , and immediate confinement appears necessary to avoid harm to the person or others: (1) An interested citizen may take the person to a hospital or to a receiving facility or program. If no other safe means of transporting the individual is available, it shall be the responsibility of the law enforcement agency that exercises jurisdiction at the site where the individual is physically located and requiring transportation, or unless otherwise ordered by the judge. A petition, as provided in § 20-47-207 , shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two (72) hours, excluding weekends and holidays, and a hearing, as provided in § 20-47-209(a)(1) shall be held; or (2) Any person filing a petition for involuntary admission may append to the petition a request for immediate confinement which shall state with particularity facts personally known to the affiant which establish reasonable cause to believe that the person sought to be involuntarily admitted is in imminent danger of death or serious bodily harm or that the lives of others are in imminent danger of death or serious bodily harm due to the mental state of the person sought to be involuntarily admitted. (b) (1) When a petition for involuntary admission with a request for immediate confinement appended thereto is filed, the petitioner shall then appear before a circuit judge of the county where the person sought to be immediately confined resides or is found. (2) The circuit judge shall then conduct an ex parte hearing for the purpose of determining whether there is reasonable cause to believe that the person meets the criteria for involuntary admission and, furthermore, that the person is in imminent danger of death or serious bodily harm or that others are in danger of death or serious bodily harm due to the mental condition of the person sought to be involuntarily admitted. (3) If the circuit judge determines that immediate confinement is necessary to prevent death or serious bodily harm to either the person sought to be involuntarily admitted or to others, the judge shall order the law enforcement agency that exercises jurisdiction at the site where the individual is physically present to transport the individual to an appropriate receiving facility. A hearing, as provided for in § 20-47-209(a)(1) , shall be held within seventy-two (72) hours of the person's detention and confinement. (c) If the person is transported to a hospital or to a receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment provided: (1) The person is immediately advised of his or her rights as provided in § 20-47-211 ; (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207 ; and (3) A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period. (d) Nothing herein shall prevent the person so detained from being released sooner than the period specified in § 20-47-205 if in the judgment of the treatment staff of the hospital, of the receiving facility or program, or of the treating physician the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action. Acts 1989, No. 861, § 6; 1989 (3rd Ex. Sess.), No. 72, § 2.

(a) Whenever it appears that a person is of danger to himself or herself or others, as defined in § 20-47-207 , and immediate confinement appears necessary to avoid harm to the person or others: (1) An interested citizen may take the person to a hospital or to a receiving facility or program. If no other safe means of transporting the individual is available, it shall be the responsibility of the law enforcement agency that exercises jurisdiction at the site where the individual is physically located and requiring transportation, or unless otherwise ordered by the judge. A petition, as provided in § 20-47-207 , shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two (72) hours, excluding weekends and holidays, and a hearing, as provided in § 20-47-209(a)(1) shall be held; or (2) Any person filing a petition for involuntary admission may append to the petition a request for immediate confinement which shall state with particularity facts personally known to the affiant which establish reasonable cause to believe that the person sought to be involuntarily admitted is in imminent danger of death or serious bodily harm or that the lives of others are in imminent danger of death or serious bodily harm due to the mental state of the person sought to be involuntarily admitted.

(1) An interested citizen may take the person to a hospital or to a receiving facility or program. If no other safe means of transporting the individual is available, it shall be the responsibility of the law enforcement agency that exercises jurisdiction at the site where the individual is physically located and requiring transportation, or unless otherwise ordered by the judge. A petition, as provided in § 20-47-207 , shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two (72) hours, excluding weekends and holidays, and a hearing, as provided in § 20-47-209(a)(1) shall be held; or

(2) Any person filing a petition for involuntary admission may append to the petition a request for immediate confinement which shall state with particularity facts personally known to the affiant which establish reasonable cause to believe that the person sought to be involuntarily admitted is in imminent danger of death or serious bodily harm or that the lives of others are in imminent danger of death or serious bodily harm due to the mental state of the person sought to be involuntarily admitted.

(b) (1) When a petition for involuntary admission with a request for immediate confinement appended thereto is filed, the petitioner shall then appear before a circuit judge of the county where the person sought to be immediately confined resides or is found. (2) The circuit judge shall then conduct an ex parte hearing for the purpose of determining whether there is reasonable cause to believe that the person meets the criteria for involuntary admission and, furthermore, that the person is in imminent danger of death or serious bodily harm or that others are in danger of death or serious bodily harm due to the mental condition of the person sought to be involuntarily admitted. (3) If the circuit judge determines that immediate confinement is necessary to prevent death or serious bodily harm to either the person sought to be involuntarily admitted or to others, the judge shall order the law enforcement agency that exercises jurisdiction at the site where the individual is physically present to transport the individual to an appropriate receiving facility. A hearing, as provided for in § 20-47-209(a)(1) , shall be held within seventy-two (72) hours of the person's detention and confinement.

(1) When a petition for involuntary admission with a request for immediate confinement appended thereto is filed, the petitioner shall then appear before a circuit judge of the county where the person sought to be immediately confined resides or is found.

(2) The circuit judge shall then conduct an ex parte hearing for the purpose of determining whether there is reasonable cause to believe that the person meets the criteria for involuntary admission and, furthermore, that the person is in imminent danger of death or serious bodily harm or that others are in danger of death or serious bodily harm due to the mental condition of the person sought to be involuntarily admitted.

(3) If the circuit judge determines that immediate confinement is necessary to prevent death or serious bodily harm to either the person sought to be involuntarily admitted or to others, the judge shall order the law enforcement agency that exercises jurisdiction at the site where the individual is physically present to transport the individual to an appropriate receiving facility. A hearing, as provided for in § 20-47-209(a)(1) , shall be held within seventy-two (72) hours of the person's detention and confinement.

(c) If the person is transported to a hospital or to a receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment provided: (1) The person is immediately advised of his or her rights as provided in § 20-47-211 ; (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207 ; and (3) A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period.

(1) The person is immediately advised of his or her rights as provided in § 20-47-211 ;

(2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207 ; and

(3) A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period.

(d) Nothing herein shall prevent the person so detained from being released sooner than the period specified in § 20-47-205 if in the judgment of the treatment staff of the hospital, of the receiving facility or program, or of the treating physician the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action.

Acts 1989, No. 861, § 6; 1989 (3rd Ex. Sess.), No. 72, § 2.
Ark. Code Ann. § 20-22-501 — AR Code / Title 20 / Chapter 22 / Subchapter 5 / Section 20-22-501
Applicability
Status: in_force

(a) Every person, firm, partnership, copartnership, association, corporation, or other business entity owning or operating any hotel, motel, apartment building, or other similar multiple-occupancy facility affected by this subchapter shall, with respect to buildings constructed before July 19, 1971, bring the buildings within conformance to this subchapter on or before July 19, 1972. (b) All new hotels, motels, apartment buildings, or other similar multiple-occupancy facilities constructed from and after July 19, 1971, shall conform to this subchapter. Acts 1971, No. 239, § 4; A.S.A. 1947, § 82-828.

(a) Every person, firm, partnership, copartnership, association, corporation, or other business entity owning or operating any hotel, motel, apartment building, or other similar multiple-occupancy facility affected by this subchapter shall, with respect to buildings constructed before July 19, 1971, bring the buildings within conformance to this subchapter on or before July 19, 1972.

(b) All new hotels, motels, apartment buildings, or other similar multiple-occupancy facilities constructed from and after July 19, 1971, shall conform to this subchapter.

Acts 1971, No. 239, § 4; A.S.A. 1947, § 82-828.
Ark. Code Ann. § 20-16-2205 — AR Code / Title 20 / Chapter 16 / Subchapter 22 / Section 20-16-2205
Exceptions
Status: in_force

This subchapter does not restrict the funding of areas of scientific research not specifically prohibited by this subchapter, including without limitation: (1) In vitro fertilization and accompanying embryo transfer to the body of a woman; (2) Administration of fertility-enhancing drugs; (3) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; and (4) Any diagnostic procedure that benefits the human embryo subject to destructive tests while not imposing risks greater than those considered acceptable for other human research subjects. Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.

This subchapter does not restrict the funding of areas of scientific research not specifically prohibited by this subchapter, including without limitation:

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

(2) Administration of fertility-enhancing drugs;

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

(4) Any diagnostic procedure that benefits the human embryo subject to destructive tests while not imposing risks greater than those considered acceptable for other human research subjects.

Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 20-16-302 — AR Code / Title 20 / Chapter 16 / Subchapter 3 / Section 20-16-302
Legislative declaration
Status: in_force

It is the declaration of the General Assembly that: (1) It is desirable that inhibitions and restrictions be eliminated so that all persons desiring and needing contraceptive procedures, supplies, and information shall have ready and practicable access thereto through legally recognized channels; and (2) Section 20-16-304 sets forth the policy and authority of this state, its political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions, with respect to contraceptive procedures, supplies, and information. Amended by Act 2023, No. 700,§ 1, eff. 8/1/2023. Acts 1973, No. 235, § 3; A.S.A. 1947, § 82-3103.

It is the declaration of the General Assembly that:

(1) It is desirable that inhibitions and restrictions be eliminated so that all persons desiring and needing contraceptive procedures, supplies, and information shall have ready and practicable access thereto through legally recognized channels; and

(2) Section 20-16-304 sets forth the policy and authority of this state, its political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions, with respect to contraceptive procedures, supplies, and information.

Amended by Act 2023, No. 700,§ 1, eff. 8/1/2023.

Acts 1973, No. 235, § 3; A.S.A. 1947, § 82-3103.
Ark. Code Ann. § 20-15-704 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-704
Petition to isolate patient
Status: in_force

(a) If the health officer finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and if the person will not voluntarily seek medical treatment and is a source of danger to others, then the health officer shall petition the circuit court of the county where the person is found to order the admission of the person to any state-owned and state-operated hospital or sanatorium or any other hospital or sanatorium that is equipped to treat tuberculosis under the conditions enumerated in § 20-15-707(a) . (b) The health officer shall set forth in a petition a summary of the factual basis of the determination that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others. Acts 1955, No. 161, §§ 3, 4; 1975, No. 745, § 1; A.S.A. 1947, §§ 82-613, 82-614.

(a) If the health officer finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and if the person will not voluntarily seek medical treatment and is a source of danger to others, then the health officer shall petition the circuit court of the county where the person is found to order the admission of the person to any state-owned and state-operated hospital or sanatorium or any other hospital or sanatorium that is equipped to treat tuberculosis under the conditions enumerated in § 20-15-707(a) .

(b) The health officer shall set forth in a petition a summary of the factual basis of the determination that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others.

Acts 1955, No. 161, §§ 3, 4; 1975, No. 745, § 1; A.S.A. 1947, §§ 82-613, 82-614.
Ark. Code Ann. § 20-9-605 — AR Code / Title 20 / Chapter 9 / Subchapter 6 / Section 20-9-605
Simon's Law - Consent for withholding or withdrawing treatment at end of life for minors - Definitions
Status: in_force

(a) This section shall be known and may be cited as "Simon's Law". (b) As used in this section: (1) "Healthcare institution" means the same as defined in § 20- 6-102; (2) "Healthcare provider" means the same as defined in § 20-6-102 ; and (3) "Minor" means an individual who is under eighteen (18) years of age. (c) (1) A healthcare institution or healthcare provider shall not issue a do-not-resuscitate order or otherwise withhold or withdraw treatment so as to allow the natural death of a minor without the oral or written consent of at least one (1) parent or guardian of the minor. (2) If the consent is given orally, two (2) witnesses shall be present and willing to attest that consent was given by at least one (1) parent or guardian. (3) The consent shall be documented in the minor's medical record, specifying the parent or guardian who gave consent, the witnesses present, and the date and time that the consent was obtained. (4) The parent or guardian may revoke the consent orally or in writing. (d) This section does not apply if the minor is: (1) Married, pregnant, or emancipated; (2) Incarcerated in the Division of Correction or the Division of Community Correction; or (3) In the custody of the Department of Human Services. (e) This section does not require a healthcare institution or healthcare provider to provide or continue any treatment that would be medically inappropriate because, in the reasonable medical judgment of the healthcare institution or healthcare provider, providing the treatment would: (1) Create a greater risk of causing or hastening the death of the minor; or (2) Potentially harm or cause unnecessary pain, suffering, or injury to the minor. (f) This section does not apply if a reasonably diligent effort of at least seventy-two (72) hours without success has been made to contact and inform each known parent or guardian of the intent to issue a do-not-resuscitate order or otherwise withhold or withdraw treatment so as to allow the natural death of the minor. (g) Except as specifically set out in this section, a minor has all rights granted to a minor under the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. Added by Act 2021, No. 226,§ 1, eff. 7/28/2021.

(a) This section shall be known and may be cited as "Simon's Law".

(b) As used in this section: (1) "Healthcare institution" means the same as defined in § 20- 6-102; (2) "Healthcare provider" means the same as defined in § 20-6-102 ; and (3) "Minor" means an individual who is under eighteen (18) years of age.

(1) "Healthcare institution" means the same as defined in § 20- 6-102;

(2) "Healthcare provider" means the same as defined in § 20-6-102 ; and

(3) "Minor" means an individual who is under eighteen (18) years of age.

(c) (1) A healthcare institution or healthcare provider shall not issue a do-not-resuscitate order or otherwise withhold or withdraw treatment so as to allow the natural death of a minor without the oral or written consent of at least one (1) parent or guardian of the minor. (2) If the consent is given orally, two (2) witnesses shall be present and willing to attest that consent was given by at least one (1) parent or guardian. (3) The consent shall be documented in the minor's medical record, specifying the parent or guardian who gave consent, the witnesses present, and the date and time that the consent was obtained. (4) The parent or guardian may revoke the consent orally or in writing.

(1) A healthcare institution or healthcare provider shall not issue a do-not-resuscitate order or otherwise withhold or withdraw treatment so as to allow the natural death of a minor without the oral or written consent of at least one (1) parent or guardian of the minor.

(2) If the consent is given orally, two (2) witnesses shall be present and willing to attest that consent was given by at least one (1) parent or guardian.

(3) The consent shall be documented in the minor's medical record, specifying the parent or guardian who gave consent, the witnesses present, and the date and time that the consent was obtained.

(4) The parent or guardian may revoke the consent orally or in writing.

(d) This section does not apply if the minor is: (1) Married, pregnant, or emancipated; (2) Incarcerated in the Division of Correction or the Division of Community Correction; or (3) In the custody of the Department of Human Services.

(1) Married, pregnant, or emancipated;

(2) Incarcerated in the Division of Correction or the Division of Community Correction; or

(3) In the custody of the Department of Human Services.

(e) This section does not require a healthcare institution or healthcare provider to provide or continue any treatment that would be medically inappropriate because, in the reasonable medical judgment of the healthcare institution or healthcare provider, providing the treatment would: (1) Create a greater risk of causing or hastening the death of the minor; or (2) Potentially harm or cause unnecessary pain, suffering, or injury to the minor.

(1) Create a greater risk of causing or hastening the death of the minor; or

(2) Potentially harm or cause unnecessary pain, suffering, or injury to the minor.

(f) This section does not apply if a reasonably diligent effort of at least seventy-two (72) hours without success has been made to contact and inform each known parent or guardian of the intent to issue a do-not-resuscitate order or otherwise withhold or withdraw treatment so as to allow the natural death of the minor.

(g) Except as specifically set out in this section, a minor has all rights granted to a minor under the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.

Added by Act 2021, No. 226,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-16-1801 — AR Code / Title 20 / Chapter 16 / Subchapter 18 / Section 20-16-1801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Unborn Child Protection from Dismemberment Abortion Act". Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Arkansas Unborn Child Protection from Dismemberment Abortion Act".

Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-9-309 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-309
Emergency Medical Care Act - Definitions
Status: in_force

(a) This section may be cited as the "Emergency Medical Care Act". (b) Because of the need for rapid assessment and care, in order to protect the life and health of the people of Arkansas during a medical emergency, it is found and declared necessary: (1) To establish a definition for emergency medical care; (2) To ensure that emergency medical care is provided in a timely manner by licensed and qualified personnel at a hospital's emergency department; and (3) To ensure that emergency medical care is not delayed or denied based on: (A) A person's ability to pay for expenses incurred during a medical emergency; or (B) Prospective authorization of treatment by an insurance company, health maintenance organization, hospital medical service corporation, health benefit plan, or any other insurer. (c) As used in this section: (1) "Emergency medical care" means healthcare services provided in a hospital emergency facility to evaluate and treat medical conditions of a recent onset and severity, including, but not limited to, severe pain that would lead a prudent lay person, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to get immediate medical care could result in: (A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part; (2) "Emergency medical provider" means a hospital licensed by the Department of Health, hospital-based services or a physician licensed by the Arkansas State Medical Board who provides emergency medical care; and (3) "Prospective authorization" means contacting any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan that is not physically present in the hospital's emergency department at the time the patient presents for emergency medical care for approval or authorization to evaluate and treat the patient. (d) (1) Once a person qualifying for emergency medical care presents to an emergency department, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury and radiographic procedures and interpretations by a radiologist. (2) Appropriate intervention may be initiated by medical personnel to stabilize any condition presenting under this section before receiving authorization for the treatment by an insurer, health maintenance organization, hospital medical service corporation, or health benefit plan. Acts 1995, No. 1358, §§ 1-4.

(a) This section may be cited as the "Emergency Medical Care Act".

(b) Because of the need for rapid assessment and care, in order to protect the life and health of the people of Arkansas during a medical emergency, it is found and declared necessary: (1) To establish a definition for emergency medical care; (2) To ensure that emergency medical care is provided in a timely manner by licensed and qualified personnel at a hospital's emergency department; and (3) To ensure that emergency medical care is not delayed or denied based on: (A) A person's ability to pay for expenses incurred during a medical emergency; or (B) Prospective authorization of treatment by an insurance company, health maintenance organization, hospital medical service corporation, health benefit plan, or any other insurer.

(1) To establish a definition for emergency medical care;

(2) To ensure that emergency medical care is provided in a timely manner by licensed and qualified personnel at a hospital's emergency department; and

(3) To ensure that emergency medical care is not delayed or denied based on: (A) A person's ability to pay for expenses incurred during a medical emergency; or (B) Prospective authorization of treatment by an insurance company, health maintenance organization, hospital medical service corporation, health benefit plan, or any other insurer.

(A) A person's ability to pay for expenses incurred during a medical emergency; or

(B) Prospective authorization of treatment by an insurance company, health maintenance organization, hospital medical service corporation, health benefit plan, or any other insurer.

(c) As used in this section: (1) "Emergency medical care" means healthcare services provided in a hospital emergency facility to evaluate and treat medical conditions of a recent onset and severity, including, but not limited to, severe pain that would lead a prudent lay person, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to get immediate medical care could result in: (A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part; (2) "Emergency medical provider" means a hospital licensed by the Department of Health, hospital-based services or a physician licensed by the Arkansas State Medical Board who provides emergency medical care; and (3) "Prospective authorization" means contacting any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan that is not physically present in the hospital's emergency department at the time the patient presents for emergency medical care for approval or authorization to evaluate and treat the patient.

(1) "Emergency medical care" means healthcare services provided in a hospital emergency facility to evaluate and treat medical conditions of a recent onset and severity, including, but not limited to, severe pain that would lead a prudent lay person, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to get immediate medical care could result in: (A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part;

(A) Placing the patient's health in serious jeopardy;

(B) Serious impairment to bodily functions; or

(C) Serious dysfunction of any bodily organ or part;

(2) "Emergency medical provider" means a hospital licensed by the Department of Health, hospital-based services or a physician licensed by the Arkansas State Medical Board who provides emergency medical care; and

(3) "Prospective authorization" means contacting any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan that is not physically present in the hospital's emergency department at the time the patient presents for emergency medical care for approval or authorization to evaluate and treat the patient.

(d) (1) Once a person qualifying for emergency medical care presents to an emergency department, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury and radiographic procedures and interpretations by a radiologist. (2) Appropriate intervention may be initiated by medical personnel to stabilize any condition presenting under this section before receiving authorization for the treatment by an insurer, health maintenance organization, hospital medical service corporation, or health benefit plan.

(1) Once a person qualifying for emergency medical care presents to an emergency department, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury and radiographic procedures and interpretations by a radiologist.

(2) Appropriate intervention may be initiated by medical personnel to stabilize any condition presenting under this section before receiving authorization for the treatment by an insurer, health maintenance organization, hospital medical service corporation, or health benefit plan.

Acts 1995, No. 1358, §§ 1-4.
Ark. Code Ann. § 20-22-404 — AR Code / Title 20 / Chapter 22 / Subchapter 4 / Section 20-22-404
Rules adopted by Office of Long-Term Care
Status: in_force

The Office of Long-Term Care of the appropriate division as determined by the Secretary of the Department of Human Services may adopt appropriate rules to carry out the purpose and intent of this subchapter. Amended by Act 2019, No. 315,§ 2040, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5190, eff. 7/1/2019. Acts 1979, No. 374, § 3; A.S.A. 1947, § 82-849.

The Office of Long-Term Care of the appropriate division as determined by the Secretary of the Department of Human Services may adopt appropriate rules to carry out the purpose and intent of this subchapter.

Amended by Act 2019, No. 315,§ 2040, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5190, eff. 7/1/2019.

Acts 1979, No. 374, § 3; A.S.A. 1947, § 82-849.
Ark. Code Ann. § 20-77-101 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-101
Cost-sharing charges for medically indigent - Legislative intent
Status: in_force

(a) It is the intent of the General Assembly that the Medicaid medical assistance program administered by the Department of Human Services is intended to be supplemental to other potential sources of payment which are or may be available to pay for the costs of medical care delivered to residents of this state. To ensure that the appropriated funds are available to meet the needs of those residents, it is hereby declared the public policy of the State of Arkansas that the program is the payor of last resort to supplement and not supplant other sources which are or may be available to any individual, except when federal requirements under Title V specify otherwise. (b) The appropriate division of the department, in order to comply with Pub. L. No. 92-603, § 208, may, with respect to the medically indigent: (1) Provide that an enrollment fee, premium, or similar charge may be imposed; (2) Specify the amount of and the period of liability for the charges; and (3) Define the state's policy regarding the effect on the recipient of nonpayment of required charges. Acts 1974 (Ex. Sess.), No. 24, § 13; 1993, No. 249, § 1.

(a) It is the intent of the General Assembly that the Medicaid medical assistance program administered by the Department of Human Services is intended to be supplemental to other potential sources of payment which are or may be available to pay for the costs of medical care delivered to residents of this state. To ensure that the appropriated funds are available to meet the needs of those residents, it is hereby declared the public policy of the State of Arkansas that the program is the payor of last resort to supplement and not supplant other sources which are or may be available to any individual, except when federal requirements under Title V specify otherwise.

(b) The appropriate division of the department, in order to comply with Pub. L. No. 92-603, § 208, may, with respect to the medically indigent: (1) Provide that an enrollment fee, premium, or similar charge may be imposed; (2) Specify the amount of and the period of liability for the charges; and (3) Define the state's policy regarding the effect on the recipient of nonpayment of required charges.

(1) Provide that an enrollment fee, premium, or similar charge may be imposed;

(2) Specify the amount of and the period of liability for the charges; and

(3) Define the state's policy regarding the effect on the recipient of nonpayment of required charges.

Acts 1974 (Ex. Sess.), No. 24, § 13; 1993, No. 249, § 1.
Ark. Code Ann. § 20-8-1104 — AR Code / Title 20 / Chapter 8 / Subchapter 11 / Section 20-8-1104
Implementation reports
Status: in_force

(a) By October 1 of each even-numbered year, the state agencies identified in the State Alzheimer's Plan shall submit a report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate that includes without limitation: (1) The steps the state agency has taken to implement the recommendations in the plan; and (2) If applicable, the state agency's reasons for failing to implement all or any part of the plan. (b) The Alzheimer's Disease and Dementia Advisory Council shall include the council's analysis of the status of state agencies' implementation of the plan in the report required under § 20-8-1103 . Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.

(a) By October 1 of each even-numbered year, the state agencies identified in the State Alzheimer's Plan shall submit a report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate that includes without limitation: (1) The steps the state agency has taken to implement the recommendations in the plan; and (2) If applicable, the state agency's reasons for failing to implement all or any part of the plan.

(1) The steps the state agency has taken to implement the recommendations in the plan; and

(2) If applicable, the state agency's reasons for failing to implement all or any part of the plan.

(b) The Alzheimer's Disease and Dementia Advisory Council shall include the council's analysis of the status of state agencies' implementation of the plan in the report required under § 20-8-1103 .

Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-47-901 — AR Code / Title 20 / Chapter 47 / Subchapter 9 / Section 20-47-901
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) There are more than three hundred (300) outpatient service sites in the state for the delivery of rehabilitative services for persons with mental illness; (2) There is no information that any eligible Medicaid beneficiary has experienced or is experiencing difficulty obtaining medically necessary rehabilitative services for persons with mental illness; (3) The Arkansas Medicaid Program has projected that there will be insufficient state general revenues available to maintain the current level of services beginning in state fiscal year 2017; and (4) Federal funding incentives are not available for the expansion of rehabilitative services for persons with mental illness. (b) The intent of this subchapter is to avoid unnecessary expansion in costs and services related to rehabilitative services for persons with mental illness. Added by Act 2017, No. 699,§ 1, eff. 8/1/2017.

(a) The General Assembly finds that: (1) There are more than three hundred (300) outpatient service sites in the state for the delivery of rehabilitative services for persons with mental illness; (2) There is no information that any eligible Medicaid beneficiary has experienced or is experiencing difficulty obtaining medically necessary rehabilitative services for persons with mental illness; (3) The Arkansas Medicaid Program has projected that there will be insufficient state general revenues available to maintain the current level of services beginning in state fiscal year 2017; and (4) Federal funding incentives are not available for the expansion of rehabilitative services for persons with mental illness.

(1) There are more than three hundred (300) outpatient service sites in the state for the delivery of rehabilitative services for persons with mental illness;

(2) There is no information that any eligible Medicaid beneficiary has experienced or is experiencing difficulty obtaining medically necessary rehabilitative services for persons with mental illness;

(3) The Arkansas Medicaid Program has projected that there will be insufficient state general revenues available to maintain the current level of services beginning in state fiscal year 2017; and

(4) Federal funding incentives are not available for the expansion of rehabilitative services for persons with mental illness.

(b) The intent of this subchapter is to avoid unnecessary expansion in costs and services related to rehabilitative services for persons with mental illness.

Added by Act 2017, No. 699,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-32-104 — AR Code / Title 20 / Chapter 32 / Section 20-32-104
Disposition of fees and fines
Status: in_force

(a) All fees and fines levied and collected under §§ 20-32-103 and 20-32-107 are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively for the enforcement of laws and regulations pertaining to the segregation, packaging, storage, transportation, treatment, and disposal of medical waste. (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to the regulation of commercial medical waste that pertain to fees and fines collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 2134, eff. 7/24/2019. Acts 1992 (1st Ex. Sess.), No. 41, § 6.

(a) All fees and fines levied and collected under §§ 20-32-103 and 20-32-107 are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively for the enforcement of laws and regulations pertaining to the segregation, packaging, storage, transportation, treatment, and disposal of medical waste.

(b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to the regulation of commercial medical waste that pertain to fees and fines collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 2134, eff. 7/24/2019.

Acts 1992 (1st Ex. Sess.), No. 41, § 6.
Ark. Code Ann. § 20-9-601 — AR Code / Title 20 / Chapter 9 / Subchapter 6 / Section 20-9-601
Definition
Status: in_force

(a) As used in this subchapter, "of unsound mind" means the inability to perceive all relevant facts related to one's condition and proposed treatment so as to make an intelligent decision based thereon, whether or not the inability is: (1) Only temporary, has existed for an extended period of time, or occurs or has occurred only intermittently; or (2) Due to natural state, age, shock or anxiety, illness, injury, drugs or sedation, intoxication, or other cause of whatever nature. (b) An individual shall not be considered to be of unsound mind based solely upon his or her refusal of medical care or treatment. Acts 1981, No. 511, § 2; A.S.A. 1947, § 82-363.1.

(a) As used in this subchapter, "of unsound mind" means the inability to perceive all relevant facts related to one's condition and proposed treatment so as to make an intelligent decision based thereon, whether or not the inability is: (1) Only temporary, has existed for an extended period of time, or occurs or has occurred only intermittently; or (2) Due to natural state, age, shock or anxiety, illness, injury, drugs or sedation, intoxication, or other cause of whatever nature.

(1) Only temporary, has existed for an extended period of time, or occurs or has occurred only intermittently; or

(2) Due to natural state, age, shock or anxiety, illness, injury, drugs or sedation, intoxication, or other cause of whatever nature.

(b) An individual shall not be considered to be of unsound mind based solely upon his or her refusal of medical care or treatment.

Acts 1981, No. 511, § 2; A.S.A. 1947, § 82-363.1.
Ark. Code Ann. § 20-13-302 — AR Code / Title 20 / Chapter 13 / Subchapter 3 / Section 20-13-302
Act supplemental
Status: in_force

The procedures prescribed in this subchapter for the establishment of an emergency medical services program and the furnishing of emergency medical services shall be supplemental to and shall not be construed to repeal or modify any law presently in existence relating to the furnishing of such services. Acts 1979, No. 51, § 7; A.S.A. 1947, § 82-3416.

The procedures prescribed in this subchapter for the establishment of an emergency medical services program and the furnishing of emergency medical services shall be supplemental to and shall not be construed to repeal or modify any law presently in existence relating to the furnishing of such services.

Acts 1979, No. 51, § 7; A.S.A. 1947, § 82-3416.
Ark. Code Ann. § 20-15-2102 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2102
Findings
Status: in_force

It is found and determined by the General Assembly of the State of Arkansas that: (1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years; (2) Patients who have a terminal disease do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval; (3) The standards of the United States Food and Drug Administration for the use of investigational drugs, biological products, and devices may deny the benefits of potentially life-saving treatments to terminally ill patients; (4) The State of Arkansas recognizes that patients who have a terminal disease have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices; and (5) The use of available investigational drugs, biological products, or devices is a decision that should be made by the patient with a terminal disease in consultation with his or her physician. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

It is found and determined by the General Assembly of the State of Arkansas that:

(1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years;

(2) Patients who have a terminal disease do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval;

(3) The standards of the United States Food and Drug Administration for the use of investigational drugs, biological products, and devices may deny the benefits of potentially life-saving treatments to terminally ill patients;

(4) The State of Arkansas recognizes that patients who have a terminal disease have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices; and

(5) The use of available investigational drugs, biological products, or devices is a decision that should be made by the patient with a terminal disease in consultation with his or her physician.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-82-212 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-212
Administrative contracts - Contracts with the Children's Advocacy Centers of Arkansas - Eligibility for contracts
Status: in_force

(a) The Children's Advocacy Centers of Arkansas may contract with a statewide organization as necessary to fulfill the duties of the Children's Advocacy Centers of Arkansas described in § 9-5-104 . (b) The Children's Advocacy Centers of Arkansas may enter into a memorandum of understanding with the Crimes Against Children Division, the Division of Children and Family Services, and any other agency as necessary. Added by Act 2021, No. 975,§ 15, eff. 7/28/2021.

(a) The Children's Advocacy Centers of Arkansas may contract with a statewide organization as necessary to fulfill the duties of the Children's Advocacy Centers of Arkansas described in § 9-5-104 .

(b) The Children's Advocacy Centers of Arkansas may enter into a memorandum of understanding with the Crimes Against Children Division, the Division of Children and Family Services, and any other agency as necessary.

Added by Act 2021, No. 975,§ 15, eff. 7/28/2021.
Ark. Code Ann. § 20-32-106 — AR Code / Title 20 / Chapter 32 / Section 20-32-106
Rules
Status: in_force

(a) The Department of Health may regulate the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities. (b) These rules shall include: (1) Criteria for issuing operational licenses to treaters or disposers, and transporters of commercial medical waste; (2) Criteria for issuing permits and permit modifications to facilities; (3) Developing a system for recordkeeping by any person generating, transporting, receiving, treating, or disposing of commercial medical waste; (4) Acceptable methods of treatment and disposal of commercial medical waste; (5) Requirements for the segregation, packaging, and storage of commercial medical waste; (6) Criteria for the development of an operating plan for the handling and disposal of commercial medical waste; and (7) Requirements for the inspection of any facility generating, storing, incinerating, or disposing of commercial medical waste. (c) All rules promulgated pursuant to this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. Amended by Act 2019, No. 315,§ 2137, eff. 7/24/2019. Acts 1992 (1st Ex. Sess.), No. 41, §§ 2, 7; 1993, No. 491, § 3; 1993, No. 861, § 3; 1997, No. 179, § 30.

(a) The Department of Health may regulate the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities.

(b) These rules shall include: (1) Criteria for issuing operational licenses to treaters or disposers, and transporters of commercial medical waste; (2) Criteria for issuing permits and permit modifications to facilities; (3) Developing a system for recordkeeping by any person generating, transporting, receiving, treating, or disposing of commercial medical waste; (4) Acceptable methods of treatment and disposal of commercial medical waste; (5) Requirements for the segregation, packaging, and storage of commercial medical waste; (6) Criteria for the development of an operating plan for the handling and disposal of commercial medical waste; and (7) Requirements for the inspection of any facility generating, storing, incinerating, or disposing of commercial medical waste.

(1) Criteria for issuing operational licenses to treaters or disposers, and transporters of commercial medical waste;

(2) Criteria for issuing permits and permit modifications to facilities;

(3) Developing a system for recordkeeping by any person generating, transporting, receiving, treating, or disposing of commercial medical waste;

(4) Acceptable methods of treatment and disposal of commercial medical waste;

(5) Requirements for the segregation, packaging, and storage of commercial medical waste;

(6) Criteria for the development of an operating plan for the handling and disposal of commercial medical waste; and

(7) Requirements for the inspection of any facility generating, storing, incinerating, or disposing of commercial medical waste.

(c) All rules promulgated pursuant to this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

Amended by Act 2019, No. 315,§ 2137, eff. 7/24/2019.

Acts 1992 (1st Ex. Sess.), No. 41, §§ 2, 7; 1993, No. 491, § 3; 1993, No. 861, § 3; 1997, No. 179, § 30.
Ark. Code Ann. § 20-16-505 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-505
Notification - Authority to regulate
Status: in_force

The Infectious Disease Branch of the Department of Health may enact each rule as is necessary to assure compliance with §§ 20-16-501 - 20-16-506 . Amended by Act 2019, No. 315,§ 1950, eff. 7/24/2019. Acts 1973, No. 60, § 6; A.S.A. 1947, § 82-637.

The Infectious Disease Branch of the Department of Health may enact each rule as is necessary to assure compliance with §§ 20-16-501 - 20-16-506 .

Amended by Act 2019, No. 315,§ 1950, eff. 7/24/2019.

Acts 1973, No. 60, § 6; A.S.A. 1947, § 82-637.
Ark. Code Ann. § 20-76-407 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-407
Micro-lending program and individual development accounts
Status: in_force

(a) (1) In accordance with their personal responsibility agreement, low-income entrepreneurs may escrow profits from their business enterprises which are not reinvested into their businesses into an account which will be placed in a micro-lending program and not be counted against their public assistance benefits until they accumulate an amount to be determined by the Department of Human Services for the period that they are eligible for the Transitional Employment Assistance Program. Under this section, participating low-income entrepreneurs who are otherwise eligible for transitional employment assistance shall not have their benefits reduced and shall not lose any transitional or extended support services available to them as program recipients for the life of the escrow account. (2) The department will make available a micro-lending program to low-income entrepreneurs. For the purpose of this section, a "low-income entrepreneur" is one who is starting or expanding a business and who meets the eligibility criteria established by the department for the micro-lending program. A "micro-lending program" is one which provides training, technical assistance, and loan funds to low-income entrepreneurs to start or expand a business venture. (3) Under this section, self-employment shall be considered an allowable work activity. To receive the self-employment exemption outlined in this section, low-income entrepreneurs shall be enrolled in the program and shall be enrolled in a micro-lending program providing entrepeneurship training, technical assistance, and peer support. (b) The department shall establish an individual development account demonstration project. (c) Federal funds received by the state pursuant to the Temporary Assistance for Needy Families Program shall be available for programs under this section. Acts 1939, No. 280, § 19; A.S.A. 1947, § 83-124; Acts 1997, No. 1058, § 14; 1999, No. 1567, § 14.

(a) (1) In accordance with their personal responsibility agreement, low-income entrepreneurs may escrow profits from their business enterprises which are not reinvested into their businesses into an account which will be placed in a micro-lending program and not be counted against their public assistance benefits until they accumulate an amount to be determined by the Department of Human Services for the period that they are eligible for the Transitional Employment Assistance Program. Under this section, participating low-income entrepreneurs who are otherwise eligible for transitional employment assistance shall not have their benefits reduced and shall not lose any transitional or extended support services available to them as program recipients for the life of the escrow account. (2) The department will make available a micro-lending program to low-income entrepreneurs. For the purpose of this section, a "low-income entrepreneur" is one who is starting or expanding a business and who meets the eligibility criteria established by the department for the micro-lending program. A "micro-lending program" is one which provides training, technical assistance, and loan funds to low-income entrepreneurs to start or expand a business venture. (3) Under this section, self-employment shall be considered an allowable work activity. To receive the self-employment exemption outlined in this section, low-income entrepreneurs shall be enrolled in the program and shall be enrolled in a micro-lending program providing entrepeneurship training, technical assistance, and peer support.

(1) In accordance with their personal responsibility agreement, low-income entrepreneurs may escrow profits from their business enterprises which are not reinvested into their businesses into an account which will be placed in a micro-lending program and not be counted against their public assistance benefits until they accumulate an amount to be determined by the Department of Human Services for the period that they are eligible for the Transitional Employment Assistance Program. Under this section, participating low-income entrepreneurs who are otherwise eligible for transitional employment assistance shall not have their benefits reduced and shall not lose any transitional or extended support services available to them as program recipients for the life of the escrow account.

(2) The department will make available a micro-lending program to low-income entrepreneurs. For the purpose of this section, a "low-income entrepreneur" is one who is starting or expanding a business and who meets the eligibility criteria established by the department for the micro-lending program. A "micro-lending program" is one which provides training, technical assistance, and loan funds to low-income entrepreneurs to start or expand a business venture.

(3) Under this section, self-employment shall be considered an allowable work activity. To receive the self-employment exemption outlined in this section, low-income entrepreneurs shall be enrolled in the program and shall be enrolled in a micro-lending program providing entrepeneurship training, technical assistance, and peer support.

(b) The department shall establish an individual development account demonstration project.

(c) Federal funds received by the state pursuant to the Temporary Assistance for Needy Families Program shall be available for programs under this section.

Acts 1939, No. 280, § 19; A.S.A. 1947, § 83-124; Acts 1997, No. 1058, § 14; 1999, No. 1567, § 14.
Ark. Code Ann. § 20-64-316 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-316
Authority of Department of Health employees to investigate, examine, and inspect
Status: in_force

Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the secretary: (1) Carry firearms; (2) Execute and serve search warrants and arrest warrants; (3) Execute seizure by process issued pursuant to §§ 20-64-307 and 20-64-308 ; (4) Make arrests without warrant for offenses under this subchapter with respect to drugs if the offense is committed in his or her presence; and (5) Make seizures of drugs or containers or equipment, punches, dies, plates, stone, labeling, or other things, if they are, or he or she has reasonable grounds to believe that they are, subject to seizure and condemnation under §§ 20-64-307 and 20-64-308 . Amended by Act 2019, No. 910,§ 5100, eff. 7/1/2019. Acts 1967, No. 492, § 9; A.S.A. 1947, § 82-2109.

Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the secretary:

(1) Carry firearms;

(2) Execute and serve search warrants and arrest warrants;

(3) Execute seizure by process issued pursuant to §§ 20-64-307 and 20-64-308 ;

(4) Make arrests without warrant for offenses under this subchapter with respect to drugs if the offense is committed in his or her presence; and

(5) Make seizures of drugs or containers or equipment, punches, dies, plates, stone, labeling, or other things, if they are, or he or she has reasonable grounds to believe that they are, subject to seizure and condemnation under §§ 20-64-307 and 20-64-308 .

Amended by Act 2019, No. 910,§ 5100, eff. 7/1/2019.

Acts 1967, No. 492, § 9; A.S.A. 1947, § 82-2109.
Ark. Code Ann. § 20-77-1103 — AR Code / Title 20 / Chapter 77 / Subchapter 11 / Section 20-77-1103
Definitions
Status: in_force

For purposes of this subchapter: (1) "Family" means a family as defined in the Medical Services Policy Manual of the Division of County Operations of the Department of Human Services; and (2) "Healthcare coverage" means healthcare insurance as defined by rules promulgated by the Department of Human Services for the ARKids First Program. Acts 1999, No. 849, § 3.

For purposes of this subchapter:

(1) "Family" means a family as defined in the Medical Services Policy Manual of the Division of County Operations of the Department of Human Services; and

(2) "Healthcare coverage" means healthcare insurance as defined by rules promulgated by the Department of Human Services for the ARKids First Program.

Acts 1999, No. 849, § 3.
Ark. Code Ann. § 20-8-502 — AR Code / Title 20 / Chapter 8 / Subchapter 5 / Section 20-8-502
Legislative findings
Status: in_force

The General Assembly finds that: (1) More than one hundred million (100,000,000) Americans and two billion (2,000,000,000) other humans worldwide suffer from diseases that may eventually be treated more effectively or even cured with stem cells; (2) Stem cell research has been hampered by the controversy over the use of embryonic stem cells; (3) Stem cells are not found only in embryos; (4) The umbilical cord, placenta, and amniotic fluid are rich in stem cells that may be used for scientific research and medical treatment without destroying embryos; (5) Stem cell research using stem cells from postnatal tissue and fluid has already resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple sclerosis, rheumatoid arthritis, sickle cell disease, spinal cord injury, and Crohn's disease; (6) Stem cell therapies using stem cells from postnatal tissue and fluid are being studied for diseases as wide-ranging and diverse as corneal degeneration, heart disease, stroke, Parkinson's disease, and Alzheimer's disease; (7) It is the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make such stem cells available for both scientific research and medical treatment; and (8) It is the public policy of this state to encourage ethical research in life science and regenerative medicine. Acts 2007, No. 695, § 1.

The General Assembly finds that:

(1) More than one hundred million (100,000,000) Americans and two billion (2,000,000,000) other humans worldwide suffer from diseases that may eventually be treated more effectively or even cured with stem cells;

(2) Stem cell research has been hampered by the controversy over the use of embryonic stem cells;

(3) Stem cells are not found only in embryos;

(4) The umbilical cord, placenta, and amniotic fluid are rich in stem cells that may be used for scientific research and medical treatment without destroying embryos;

(5) Stem cell research using stem cells from postnatal tissue and fluid has already resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple sclerosis, rheumatoid arthritis, sickle cell disease, spinal cord injury, and Crohn's disease;

(6) Stem cell therapies using stem cells from postnatal tissue and fluid are being studied for diseases as wide-ranging and diverse as corneal degeneration, heart disease, stroke, Parkinson's disease, and Alzheimer's disease;

(7) It is the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make such stem cells available for both scientific research and medical treatment; and

(8) It is the public policy of this state to encourage ethical research in life science and regenerative medicine.

Acts 2007, No. 695, § 1.
Ark. Code Ann. § 20-23-407 — AR Code / Title 20 / Chapter 23 / Subchapter 4 / Section 20-23-407
Owner or user inspection programs
Status: in_force

(a) Any owner or user of a steam boiler or pressure vessel subject to this chapter may perform any inspections required by this chapter on such vessels owned or operated by the owner or user if the owner or user meets the requirements prescribed by rule of the Director of the Division of Labor. (b) The director shall set out requirements for the certification of owner or user inspectors and certification of owner or user inspection programs by rule and shall have full authority to promulgate and enforce those rules. (c) (1) (A) After notice and opportunity for hearing, any owner or user who is found to have violated rules prescribed by the director pursuant to this subchapter shall be assessed a civil monetary penalty of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000). (B) Each day that a violation continues shall be considered a separate violation. (2) The director may bring a civil action in a court of competent jurisdiction to recover the amount of any civil monetary penalties. (d) In addition to civil monetary penalties, any owner or user who is found to be in violation of this section shall be guilty of a Class A misdemeanor. Amended by Act 2019, No. 315,§ 2062, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2061, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5464, eff. 7/1/2019. Acts 2001, No. 1283, § 1.

(a) Any owner or user of a steam boiler or pressure vessel subject to this chapter may perform any inspections required by this chapter on such vessels owned or operated by the owner or user if the owner or user meets the requirements prescribed by rule of the Director of the Division of Labor.

(b) The director shall set out requirements for the certification of owner or user inspectors and certification of owner or user inspection programs by rule and shall have full authority to promulgate and enforce those rules.

(c) (1) (A) After notice and opportunity for hearing, any owner or user who is found to have violated rules prescribed by the director pursuant to this subchapter shall be assessed a civil monetary penalty of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000). (B) Each day that a violation continues shall be considered a separate violation. (2) The director may bring a civil action in a court of competent jurisdiction to recover the amount of any civil monetary penalties.

(1) (A) After notice and opportunity for hearing, any owner or user who is found to have violated rules prescribed by the director pursuant to this subchapter shall be assessed a civil monetary penalty of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000). (B) Each day that a violation continues shall be considered a separate violation.

(A) After notice and opportunity for hearing, any owner or user who is found to have violated rules prescribed by the director pursuant to this subchapter shall be assessed a civil monetary penalty of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000).

(B) Each day that a violation continues shall be considered a separate violation.

(2) The director may bring a civil action in a court of competent jurisdiction to recover the amount of any civil monetary penalties.

(d) In addition to civil monetary penalties, any owner or user who is found to be in violation of this section shall be guilty of a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 2062, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2061, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5464, eff. 7/1/2019.

Acts 2001, No. 1283, § 1.
Ark. Code Ann. § 20-37-103 — AR Code / Title 20 / Chapter 37 / Section 20-37-103
[Repealed]
Status: repealed

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

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

Acts 2003, No. 1816, § 1; 2003 (2nd Ex. Sess.), No. 51, § 2.
Ark. Code Ann. § 20-77-126 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-126
Relation to Arkansas Pharmacy Audit Bill of Rights
Status: in_force

(a) From and after the date that a state plan amendment submitted under § 20-77-125 is approved by the Centers for Medicare & Medicaid Services, § 20-77-125 shall supersede and replace § 17-92-1201(f) with regard to Medicaid integrity audits of pharmacies and pharmacists, but all other subsections of § 17-92-1201 shall continue in full force and effect with regard to Medicaid integrity audits. (b) Section 17-92-1201 is not affected by § 20-77-125 with regard to audits conducted by or on behalf of a person or entity other than Medicaid integrity audits under subsection (a) of this section. Added by Act 2013, No. 1109,§ 1, eff. 4/11/2013.

(a) From and after the date that a state plan amendment submitted under § 20-77-125 is approved by the Centers for Medicare & Medicaid Services, § 20-77-125 shall supersede and replace § 17-92-1201(f) with regard to Medicaid integrity audits of pharmacies and pharmacists, but all other subsections of § 17-92-1201 shall continue in full force and effect with regard to Medicaid integrity audits.

(b) Section 17-92-1201 is not affected by § 20-77-125 with regard to audits conducted by or on behalf of a person or entity other than Medicaid integrity audits under subsection (a) of this section.

Added by Act 2013, No. 1109,§ 1, eff. 4/11/2013.
Ark. Code Ann. § 20-19-310 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-310
Authority to impose additional measures
Status: in_force

Whenever the proper officials or a government unit are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed by the government unit if deemed necessary to prevent the spread of rabies among dogs and other animals. The government unit involved may require: (1) That all dogs, cats, or other animals in the locality be kept: (A) Confined within an enclosure; or (B) Muzzled and restrained by a leash composed of chain, wire, rope, or cable; (2) That all owners or keepers of dogs, cats, or other animals take such prophylactic measures as may be required and necessary to prevent the spread of rabies; or (3) That other measures, in addition to annual vaccination against rabies, that may be necessary to control the spread of rabies in dogs, cats, and other animals be carried out. Acts 1968 (1st Ex. Sess.), No. 11, § 4; 1975, No. 725, § 3; A.S.A. 1947, § 82-2404.

Whenever the proper officials or a government unit are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed by the government unit if deemed necessary to prevent the spread of rabies among dogs and other animals. The government unit involved may require:

(1) That all dogs, cats, or other animals in the locality be kept: (A) Confined within an enclosure; or (B) Muzzled and restrained by a leash composed of chain, wire, rope, or cable;

(A) Confined within an enclosure; or

(B) Muzzled and restrained by a leash composed of chain, wire, rope, or cable;

(2) That all owners or keepers of dogs, cats, or other animals take such prophylactic measures as may be required and necessary to prevent the spread of rabies; or

(3) That other measures, in addition to annual vaccination against rabies, that may be necessary to control the spread of rabies in dogs, cats, and other animals be carried out.

Acts 1968 (1st Ex. Sess.), No. 11, § 4; 1975, No. 725, § 3; A.S.A. 1947, § 82-2404.
Ark. Code Ann. § 20-10-505 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-505
Demonstration projects for assessment agencies
Status: in_force

(a) State agencies shall establish a demonstration project in a limited number of counties in order to develop a comprehensive long-term care assessment system. (b) This project shall develop the role of assessment agencies for the long-term care network. (c) These assessment agencies shall not be engaged in the provision of services but shall perform an assessment function to measure the client's total needs in order to refer the client to the appropriate level of care available. Acts 1981, No. 380, § 5; A.S.A. 1947, § 82-2230.

(a) State agencies shall establish a demonstration project in a limited number of counties in order to develop a comprehensive long-term care assessment system.

(b) This project shall develop the role of assessment agencies for the long-term care network.

(c) These assessment agencies shall not be engaged in the provision of services but shall perform an assessment function to measure the client's total needs in order to refer the client to the appropriate level of care available.

Acts 1981, No. 380, § 5; A.S.A. 1947, § 82-2230.
Ark. Code Ann. § 20-10-219 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-219
Construction program - State plan
Status: in_force

(a) (1) The Department of Human Services shall prepare and submit to the United States Surgeon General a state plan which shall include the medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of medical facilities construction activities in accordance with the requirements of the federal act and regulations under the federal act. (2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need. (b) Before the submission of the plan to the United States Surgeon General, the department shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views. (c) After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations. (d) The department shall review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act. Acts 1961, No. 414, §§ 12, 14; A.S.A. 1947, §§ 82-338, 82-340.

(a) (1) The Department of Human Services shall prepare and submit to the United States Surgeon General a state plan which shall include the medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of medical facilities construction activities in accordance with the requirements of the federal act and regulations under the federal act. (2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.

(1) The Department of Human Services shall prepare and submit to the United States Surgeon General a state plan which shall include the medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of medical facilities construction activities in accordance with the requirements of the federal act and regulations under the federal act.

(2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.

(b) Before the submission of the plan to the United States Surgeon General, the department shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views.

(c) After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations.

(d) The department shall review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act.

Acts 1961, No. 414, §§ 12, 14; A.S.A. 1947, §§ 82-338, 82-340.
Ark. Code Ann. § 20-13-1501 — AR Code / Title 20 / Chapter 13 / Subchapter 15 / Section 20-13-1501
Definitions
Status: in_force

As used in this subchapter: (1) "Airborne or blood-borne disease" means a potentially life-threatening disease, including without limitation: (A) Tuberculosis; (B) Hepatitis C; and (C) Hepatitis B; (2) "Emergency response worker" means: (A) Paramedics; (B) Emergency response employees; (C) Firefighters; (D) First response workers; (E) Emergency medical technicians; (F) Emergency medical services personnel; (G) Volunteers making an authorized emergency response; (H) Law enforcement officers and personnel; and (I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ; (3) "Healthcare facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; and (4) "Healthcare provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind. Amended by Act 2019, No. 253,§ 1, eff. 7/24/2019. Acts 2009, No. 1185, § 1.

As used in this subchapter:

(1) "Airborne or blood-borne disease" means a potentially life-threatening disease, including without limitation: (A) Tuberculosis; (B) Hepatitis C; and (C) Hepatitis B;

(A) Tuberculosis;

(B) Hepatitis C; and

(C) Hepatitis B;

(2) "Emergency response worker" means: (A) Paramedics; (B) Emergency response employees; (C) Firefighters; (D) First response workers; (E) Emergency medical technicians; (F) Emergency medical services personnel; (G) Volunteers making an authorized emergency response; (H) Law enforcement officers and personnel; and (I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ;

(A) Paramedics;

(B) Emergency response employees;

(C) Firefighters;

(D) First response workers;

(E) Emergency medical technicians;

(F) Emergency medical services personnel;

(G) Volunteers making an authorized emergency response;

(H) Law enforcement officers and personnel; and

(I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ;

(3) "Healthcare facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; and

(4) "Healthcare provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind.

Amended by Act 2019, No. 253,§ 1, eff. 7/24/2019.

Acts 2009, No. 1185, § 1.
Ark. Code Ann. § 20-48-510 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-510
Municipalities, boards, commissions, etc., authorized to invest in bonds
Status: in_force

(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or any county, or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds in the bonds of the Board of Developmental Disabilities Services issued under the provisions of this subchapter. (b) The bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1963, No. 186, § 10; A.S.A. 1947, § 59-1125.

(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or any county, or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds in the bonds of the Board of Developmental Disabilities Services issued under the provisions of this subchapter.

(b) The bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.

Acts 1963, No. 186, § 10; A.S.A. 1947, § 59-1125.
Ark. Code Ann. § 20-47-220 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-220
Fundamental rights
Status: in_force

(a) No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled except as provided for by law. (b) No person shall be deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational, or motor vehicle driver's licenses, to marry or to obtain a divorce, to vote, to make a will, or to exercise any other civil right solely by reason of that person's admission to the mental health services system. (c) No person receiving mental health services shall be subjected to abuse or neglect. (d) No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, religion, national origin, age, handicap, or degree of disability. (e) Persons receiving mental health services shall be treated with dignity and respect. Acts 1989, No. 861, § 16.

(a) No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled except as provided for by law.

(b) No person shall be deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational, or motor vehicle driver's licenses, to marry or to obtain a divorce, to vote, to make a will, or to exercise any other civil right solely by reason of that person's admission to the mental health services system.

(c) No person receiving mental health services shall be subjected to abuse or neglect.

(d) No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, religion, national origin, age, handicap, or degree of disability.

(e) Persons receiving mental health services shall be treated with dignity and respect.

Acts 1989, No. 861, § 16.
Ark. Code Ann. § 20-16-2207 — AR Code / Title 20 / Chapter 16 / Subchapter 22 / Section 20-16-2207
Standing
Status: in_force

A taxpayer of this state or any political subdivision of this state shall have standing to bring suit to enforce this subchapter against: (1) The state, any official, department, division, agency, or political subdivision of this state; and (2) A recipient of public funds that is in violation of this subchapter. Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.

A taxpayer of this state or any political subdivision of this state shall have standing to bring suit to enforce this subchapter against:

(1) The state, any official, department, division, agency, or political subdivision of this state; and

(2) A recipient of public funds that is in violation of this subchapter.

Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 20-64-804 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-804
Habeas corpus
Status: in_force

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law. Acts 1989 (3rd Ex. Sess.), No. 10, § 20.

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law.

Acts 1989 (3rd Ex. Sess.), No. 10, § 20.
Ark. Code Ann. § 20-76-104 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-104
Distribution of commodities
Status: in_force

The Department of Human Services shall neither seek reimbursement nor charge any fees for distributing commodities furnished to the state by the United States Government. Acts 1993, No. 1239, § 70.

The Department of Human Services shall neither seek reimbursement nor charge any fees for distributing commodities furnished to the state by the United States Government.

Acts 1993, No. 1239, § 70.
Ark. Code Ann. § 20-14-310 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-310
Misrepresentation as a service animal - Civil penalty
Status: in_force

(a) An individual shall not misrepresent an animal to be a service animal or service animal-in-training to a person or entity that operates a public accommodation. (b) An individual who violates subsection (a) of this section may be subject to a civil penalty not to exceed two hundred fifty dollars ($250) for each violation. Added by Act 2019, No. 1002,§ 1, eff. 7/24/2019.

(a) An individual shall not misrepresent an animal to be a service animal or service animal-in-training to a person or entity that operates a public accommodation.

(b) An individual who violates subsection (a) of this section may be subject to a civil penalty not to exceed two hundred fifty dollars ($250) for each violation.

Added by Act 2019, No. 1002,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-13-1102 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1102
Mandatory criminal history checks for emergency medical services personnel
Status: in_force

(a) (1) Any applicant applying for initial licensure shall complete a criminal history check form and shall request the Identification Bureau of the Division of Arkansas State Police to conduct a state or national criminal history check, or both, on the applicant. (2) The applicant shall pay all appropriate fees for the state or national criminal history check, or both, as set forth by the bureau. (3) The applicant shall attach the criminal history check form to the Arkansas emergency medical services personnel licensure application. (b) The Division of Emergency Medical Services of the Department of Health shall conduct a state or national criminal history check, or both, on the applicant and determine whether the applicant is disqualified from licensure based on the report of the applicant's criminal history and forward its determination to the applicant directly. Amended by Act 2013, No. 1132,§ 10, eff. 8/16/2013. Acts 1999, No. 666, § 2; 2009, No. 689, § 14; 2011, No. 627, § 1.

(a) (1) Any applicant applying for initial licensure shall complete a criminal history check form and shall request the Identification Bureau of the Division of Arkansas State Police to conduct a state or national criminal history check, or both, on the applicant. (2) The applicant shall pay all appropriate fees for the state or national criminal history check, or both, as set forth by the bureau. (3) The applicant shall attach the criminal history check form to the Arkansas emergency medical services personnel licensure application.

(1) Any applicant applying for initial licensure shall complete a criminal history check form and shall request the Identification Bureau of the Division of Arkansas State Police to conduct a state or national criminal history check, or both, on the applicant.

(2) The applicant shall pay all appropriate fees for the state or national criminal history check, or both, as set forth by the bureau.

(3) The applicant shall attach the criminal history check form to the Arkansas emergency medical services personnel licensure application.

(b) The Division of Emergency Medical Services of the Department of Health shall conduct a state or national criminal history check, or both, on the applicant and determine whether the applicant is disqualified from licensure based on the report of the applicant's criminal history and forward its determination to the applicant directly.

Amended by Act 2013, No. 1132,§ 10, eff. 8/16/2013.

Acts 1999, No. 666, § 2; 2009, No. 689, § 14; 2011, No. 627, § 1.
Ark. Code Ann. § 20-57-101 — AR Code / Title 20 / Chapter 57 / Subchapter 1 / Section 20-57-101
Sale, importation, etc., of certain food prohibited
Status: in_force

(a) Whoever shall knowingly sell or offer or expose for sale, or bring or cause to be brought into this state to sell or offer for sale, or shall have in his, her, or their possession with intent to sell for food, the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or shall sell or offer for sale the flesh purported to be of one animal, knowing it to be of another species, or shall offer for sale or sell any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, fowl, vegetable, produce, or provision of any kind whatever without making this fully known to the purchaser, or shall sell or offer to sell the meat of any calf which was killed before it had attained the age of six (6) weeks, shall be deemed guilty of a misdemeanor. (b) Upon conviction, the person shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six (6) months. Acts 1893, No. 161, § 1, p. 290; C. & M. Dig., § 4826; Pope's Dig., § 6017; A.S.A. 1947, § 82-901.

(a) Whoever shall knowingly sell or offer or expose for sale, or bring or cause to be brought into this state to sell or offer for sale, or shall have in his, her, or their possession with intent to sell for food, the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or shall sell or offer for sale the flesh purported to be of one animal, knowing it to be of another species, or shall offer for sale or sell any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, fowl, vegetable, produce, or provision of any kind whatever without making this fully known to the purchaser, or shall sell or offer to sell the meat of any calf which was killed before it had attained the age of six (6) weeks, shall be deemed guilty of a misdemeanor.

(b) Upon conviction, the person shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six (6) months.

Acts 1893, No. 161, § 1, p. 290; C. & M. Dig., § 4826; Pope's Dig., § 6017; A.S.A. 1947, § 82-901.
Ark. Code Ann. § 20-7-302 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-302
Purpose
Status: in_force

The General Assembly finds that as a result of rising healthcare costs, the shortage of health professionals and healthcare services in many areas of the state, and the concerns expressed by care providers, consumers, third-party payors, and others involved with planning for the provision of health care, there is an urgent need to understand patterns and trends in the availability, use, and costs of these services. Therefore, to establish an information base for patients, health professionals, and hospitals, to improve the appropriate and efficient usage of healthcare services, and to provide for appropriate protection for confidentiality and privacy, the Department of Health shall act as a state health data clearinghouse for the acquisition and dissemination of data from state agencies and other appropriate sources to carry out this subchapter. Acts 1995, No. 670, § 2.

The General Assembly finds that as a result of rising healthcare costs, the shortage of health professionals and healthcare services in many areas of the state, and the concerns expressed by care providers, consumers, third-party payors, and others involved with planning for the provision of health care, there is an urgent need to understand patterns and trends in the availability, use, and costs of these services. Therefore, to establish an information base for patients, health professionals, and hospitals, to improve the appropriate and efficient usage of healthcare services, and to provide for appropriate protection for confidentiality and privacy, the Department of Health shall act as a state health data clearinghouse for the acquisition and dissemination of data from state agencies and other appropriate sources to carry out this subchapter.

Acts 1995, No. 670, § 2.
Ark. Code Ann. § 20-9-1405 — AR Code / Title 20 / Chapter 9 / Subchapter 14 / Section 20-9-1405
Rules
Status: in_force

The State Board of Health shall adopt rules to implement this subchapter. Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.

The State Board of Health shall adopt rules to implement this subchapter.

Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-57-208 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-208
Classification by letter grades - Definition
Status: in_force

(a) As used in this section, "food service establishment" means any restaurant, cafe, cafeteria, soda fountain, hotel kitchen, tavern, industrial feeding establishment, school lunchroom, grocery store, hospital kitchen, nursing home kitchen, and any private, public, or nonprofit organization or institution regularly selling or serving food to the public, or any other place in which food is regularly prepared or offered for sale whether for consumption on or off the premises. (b) Neither the Department of Health nor any city or county department of health shall continue to classify food service establishments by letter grades on the basis of compliance with state, city, or county sanitary regulations. Acts 1977, No. 526, §§ 1, 2; A.S.A. 1947, §§ 82-1124, 82-1125.

(a) As used in this section, "food service establishment" means any restaurant, cafe, cafeteria, soda fountain, hotel kitchen, tavern, industrial feeding establishment, school lunchroom, grocery store, hospital kitchen, nursing home kitchen, and any private, public, or nonprofit organization or institution regularly selling or serving food to the public, or any other place in which food is regularly prepared or offered for sale whether for consumption on or off the premises.

(b) Neither the Department of Health nor any city or county department of health shall continue to classify food service establishments by letter grades on the basis of compliance with state, city, or county sanitary regulations.

Acts 1977, No. 526, §§ 1, 2; A.S.A. 1947, §§ 82-1124, 82-1125.
Ark. Code Ann. § 20-79-209 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-209
Acceptance and use of gifts
Status: in_force

The division is authorized and empowered to accept and use gifts and donations, whether from public or private sources, as may be offered unconditionally or under such conditions as are determined proper and consistent with the provisions of this subchapter, and the division may hold, invest, reinvest, and use the gifts and donations in accordance with the conditions of the gifts and donations. Acts 1955, No. 43, § 11; A.S.A. 1947, § 80-2550.

The division is authorized and empowered to accept and use gifts and donations, whether from public or private sources, as may be offered unconditionally or under such conditions as are determined proper and consistent with the provisions of this subchapter, and the division may hold, invest, reinvest, and use the gifts and donations in accordance with the conditions of the gifts and donations.

Acts 1955, No. 43, § 11; A.S.A. 1947, § 80-2550.
Ark. Code Ann. § 20-19-608 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-608
Penalty
Status: in_force

A violation of this subchapter is a Class A misdemeanor. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

A violation of this subchapter is a Class A misdemeanor.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-13-219 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-219
Emergency medical responders
Status: in_force

(a) The Department of Health shall establish a voluntary licensure program for emergency medical responders. (b) An emergency medical responder may be reimbursed by the Arkansas Medicaid Program and an insurance company for providing emergency medical services in the scope of his or her employment as an emergency medical responder. Added by Act 2023, No. 258,§ 2, eff. 8/1/2023.

(a) The Department of Health shall establish a voluntary licensure program for emergency medical responders.

(b) An emergency medical responder may be reimbursed by the Arkansas Medicaid Program and an insurance company for providing emergency medical services in the scope of his or her employment as an emergency medical responder.

Added by Act 2023, No. 258,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 20-9-105 — AR Code / Title 20 / Chapter 9 / Subchapter 1 / Section 20-9-105
Legislative findings - Notice of battery in second degree
Status: in_force

(a) The General Assembly finds that: (1) The healthcare needs of the citizens of Arkansas are served by over sixty-six thousand (66,000) licensed nurses in a wide array of clinical settings and levels of criticality; (2) Both national and state data present an upward trend in violence and incivility against nurses and other healthcare professionals in clinical settings; (3) On average, two (2) nurses are attacked every hour nationwide, with the Press Ganey National Database of Nursing Quality Indicators showing more than five thousand two hundred (5,200) nurses were attacked in the second quarter of 2022; and (4) It is in the best interest of patients for healthcare professionals, including nurses, to be able to perform their duties in a safe and caring environment. (b) A written notice of the felony status under § 5-13-202(a)(4)(E) of attacking a healthcare professional, including a nurse, shall be posted: (1) At entrances to a healthcare facility, an emergency department, a clinic, or a long-term care facility that are used by patients and visitors; and (2) In a patient waiting area of a healthcare facility, an emergency department, a clinic, or a long-term care facility. (c) (1) The Arkansas Nurses Association shall provide the Department of Health a digital poster design that shall be used by a healthcare facility. (2) The text of the digital poster described under subdivision (c)(1) of this section shall read: "We respect you. Please respect our staff. Attacking a healthcare worker is a FELONY*. *Arkansas Code Annotated § 5-13-202 ." Added by Act 2023, No. 313,§ 2, eff. 8/1/2023.

(a) The General Assembly finds that: (1) The healthcare needs of the citizens of Arkansas are served by over sixty-six thousand (66,000) licensed nurses in a wide array of clinical settings and levels of criticality; (2) Both national and state data present an upward trend in violence and incivility against nurses and other healthcare professionals in clinical settings; (3) On average, two (2) nurses are attacked every hour nationwide, with the Press Ganey National Database of Nursing Quality Indicators showing more than five thousand two hundred (5,200) nurses were attacked in the second quarter of 2022; and (4) It is in the best interest of patients for healthcare professionals, including nurses, to be able to perform their duties in a safe and caring environment.

(1) The healthcare needs of the citizens of Arkansas are served by over sixty-six thousand (66,000) licensed nurses in a wide array of clinical settings and levels of criticality;

(2) Both national and state data present an upward trend in violence and incivility against nurses and other healthcare professionals in clinical settings;

(3) On average, two (2) nurses are attacked every hour nationwide, with the Press Ganey National Database of Nursing Quality Indicators showing more than five thousand two hundred (5,200) nurses were attacked in the second quarter of 2022; and

(4) It is in the best interest of patients for healthcare professionals, including nurses, to be able to perform their duties in a safe and caring environment.

(b) A written notice of the felony status under § 5-13-202(a)(4)(E) of attacking a healthcare professional, including a nurse, shall be posted: (1) At entrances to a healthcare facility, an emergency department, a clinic, or a long-term care facility that are used by patients and visitors; and (2) In a patient waiting area of a healthcare facility, an emergency department, a clinic, or a long-term care facility.

(1) At entrances to a healthcare facility, an emergency department, a clinic, or a long-term care facility that are used by patients and visitors; and

(2) In a patient waiting area of a healthcare facility, an emergency department, a clinic, or a long-term care facility.

(c) (1) The Arkansas Nurses Association shall provide the Department of Health a digital poster design that shall be used by a healthcare facility. (2) The text of the digital poster described under subdivision (c)(1) of this section shall read: "We respect you. Please respect our staff. Attacking a healthcare worker is a FELONY*. *Arkansas Code Annotated § 5-13-202 ."

(1) The Arkansas Nurses Association shall provide the Department of Health a digital poster design that shall be used by a healthcare facility.

(2) The text of the digital poster described under subdivision (c)(1) of this section shall read: "We respect you. Please respect our staff. Attacking a healthcare worker is a FELONY*. *Arkansas Code Annotated § 5-13-202 ."

Added by Act 2023, No. 313,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 20-15-1006 — AR Code / Title 20 / Chapter 15 / Subchapter 10 / Section 20-15-1006
Standards certification program
Status: in_force

The Department of Health may operate a mammography quality standards certification program in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ), to: (1) Issue initial and renewal certificates to mammography facilities; (2) Conduct inspections and determine compliance of certified facilities; and (3) Impose sanctions, to include: (A) Suspension or revocation of certification; (B) Injunctions to restrict unsafe or illegal activities in mammography facilities; and (C) Civil penalties. Acts 1995, No. 508, § 5.

The Department of Health may operate a mammography quality standards certification program in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ), to:

(1) Issue initial and renewal certificates to mammography facilities;

(2) Conduct inspections and determine compliance of certified facilities; and

(3) Impose sanctions, to include: (A) Suspension or revocation of certification; (B) Injunctions to restrict unsafe or illegal activities in mammography facilities; and (C) Civil penalties.

(A) Suspension or revocation of certification;

(B) Injunctions to restrict unsafe or illegal activities in mammography facilities; and

(C) Civil penalties.

Acts 1995, No. 508, § 5.
Ark. Code Ann. § 20-7-132 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-132
Guidelines for cleanup of clandestine methamphetamine labs
Status: in_force

(a) The Department of Health shall develop guidelines for the cleanup of former clandestine methamphetamine drug labs. (b) The guidelines shall be made available on the department's website and shall be available to law enforcement officials and the public upon request. (c) The guidelines shall be reviewed and updated annually. Acts 2003, No. 1270, § 1.

(a) The Department of Health shall develop guidelines for the cleanup of former clandestine methamphetamine drug labs.

(b) The guidelines shall be made available on the department's website and shall be available to law enforcement officials and the public upon request.

(c) The guidelines shall be reviewed and updated annually.

Acts 2003, No. 1270, § 1.
Ark. Code Ann. § 20-77-910 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-910
Suspension of violators
Status: in_force

The Secretary of the Department of Human Services may suspend or revoke the provider agreement between the Department of Human Services and the person in the event that the person is found guilty of violating the terms of this subchapter. Amended by Act 2019, No. 910,§ 5229, eff. 7/1/2019. Acts 1993, No. 1299, § 9.

The Secretary of the Department of Human Services may suspend or revoke the provider agreement between the Department of Human Services and the person in the event that the person is found guilty of violating the terms of this subchapter.

Amended by Act 2019, No. 910,§ 5229, eff. 7/1/2019.

Acts 1993, No. 1299, § 9.
Ark. Code Ann. § 20-6-204 — AR Code / Title 20 / Chapter 6 / Subchapter 2 / Section 20-6-204
Prohibited conduct
Status: in_force

(a) If a healthcare provider who is relocating his or her practice provides written notice of the healthcare provider's new practice location or contact information via certified mail to the chief executive or administrative officer, the entity or person on behalf of an entity shall not: (1) Mislead any patient about the new practice location of a healthcare provider, new contact information of a healthcare provider, or the healthcare provider's licensure status; or (2) Fail to provide a patient with the new practice location of a healthcare provider or new contact information of a healthcare provider when requested. (b) (1) When requested by a healthcare provider who is relocating his or her practice in a written notice via certified mail to the chief executive or administrative officer, then an entity with a relationship with the healthcare provider shall within twenty-one (21) calendar days either: (A) Provide the healthcare provider with a list of the healthcare provider's existing patient names and addresses; or (B) Send a notice with the new practice location information to all of the healthcare provider's existing patients after providing the healthcare provider a copy of the proposed notice for review and comment. (2) Within two (2) business days of the request described in subdivision (b)(1) of this section, the entity shall provide the healthcare provider with a list or schedule of upcoming patient appointments with the healthcare provider and the contact information of the patients. Amended by Act 2023, No. 830,§ 2, eff. 8/1/2023. Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.

(a) If a healthcare provider who is relocating his or her practice provides written notice of the healthcare provider's new practice location or contact information via certified mail to the chief executive or administrative officer, the entity or person on behalf of an entity shall not: (1) Mislead any patient about the new practice location of a healthcare provider, new contact information of a healthcare provider, or the healthcare provider's licensure status; or (2) Fail to provide a patient with the new practice location of a healthcare provider or new contact information of a healthcare provider when requested.

(1) Mislead any patient about the new practice location of a healthcare provider, new contact information of a healthcare provider, or the healthcare provider's licensure status; or

(2) Fail to provide a patient with the new practice location of a healthcare provider or new contact information of a healthcare provider when requested.

(b) (1) When requested by a healthcare provider who is relocating his or her practice in a written notice via certified mail to the chief executive or administrative officer, then an entity with a relationship with the healthcare provider shall within twenty-one (21) calendar days either: (A) Provide the healthcare provider with a list of the healthcare provider's existing patient names and addresses; or (B) Send a notice with the new practice location information to all of the healthcare provider's existing patients after providing the healthcare provider a copy of the proposed notice for review and comment. (2) Within two (2) business days of the request described in subdivision (b)(1) of this section, the entity shall provide the healthcare provider with a list or schedule of upcoming patient appointments with the healthcare provider and the contact information of the patients.

(1) When requested by a healthcare provider who is relocating his or her practice in a written notice via certified mail to the chief executive or administrative officer, then an entity with a relationship with the healthcare provider shall within twenty-one (21) calendar days either: (A) Provide the healthcare provider with a list of the healthcare provider's existing patient names and addresses; or (B) Send a notice with the new practice location information to all of the healthcare provider's existing patients after providing the healthcare provider a copy of the proposed notice for review and comment.

(A) Provide the healthcare provider with a list of the healthcare provider's existing patient names and addresses; or

(B) Send a notice with the new practice location information to all of the healthcare provider's existing patients after providing the healthcare provider a copy of the proposed notice for review and comment.

(2) Within two (2) business days of the request described in subdivision (b)(1) of this section, the entity shall provide the healthcare provider with a list or schedule of upcoming patient appointments with the healthcare provider and the contact information of the patients.

Amended by Act 2023, No. 830,§ 2, eff. 8/1/2023.

Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.