Ark. Code Ann. § 20-10-1601 — AR Code / Title 20 / Chapter 10 / Subchapter 16 / Section 20-10-1601
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Gross receipts" means gross receipts paid as compensation for services provided to residents of nursing facilities, including, but not limited to, client participation. (B) "Gross receipts" does not mean charitable contributions; (2) "Medicaid" means the medical assistance program established by Title XIX of the Social Security Act, as it existed on January 1, 2001, and administered by the Division of Medical Services; (3) "Midnight census" means the count of: (A) Each patient occupying a nursing facility bed at midnight of each day; (B) Those beds placed on hold during a period of time not to exceed five (5) consecutive calendar days during which a patient is in a hospital bed; and (C) Those beds placed on hold during a period of time not to exceed fourteen (14) consecutive calendar days during which a patient is on therapeutic home leave; (4) "Multiplier" means the fixed dollar amount used to calculate the quality assurance fee; (5) (A) "Nursing facilities" means any buildings, structures, agencies, institutions, or other places which require payment for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who due to a physical or mental infirmity are unable to care for themselves. (B) "Nursing facilities" does not mean offices of private physicians and surgeons, residential care facilities, assisted living facilities, intermediate care facilities for individuals with intellectual disabilities, hospitals, institutions operated by the United States Government or licensed by the Division of Developmental Disabilities Services, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of any recognized religious denomination; and (6) "Patient days" means the number of patients in a nursing facility as determined by the midnight census. Amended by Act 2019, No. 389,§ 20, eff. 7/24/2019. Acts 2001, No. 635, § 1; 2005, No. 2191, § 9.

As used in this subchapter:

(1) (A) "Gross receipts" means gross receipts paid as compensation for services provided to residents of nursing facilities, including, but not limited to, client participation. (B) "Gross receipts" does not mean charitable contributions;

(A) "Gross receipts" means gross receipts paid as compensation for services provided to residents of nursing facilities, including, but not limited to, client participation.

(B) "Gross receipts" does not mean charitable contributions;

(2) "Medicaid" means the medical assistance program established by Title XIX of the Social Security Act, as it existed on January 1, 2001, and administered by the Division of Medical Services;

(3) "Midnight census" means the count of: (A) Each patient occupying a nursing facility bed at midnight of each day; (B) Those beds placed on hold during a period of time not to exceed five (5) consecutive calendar days during which a patient is in a hospital bed; and (C) Those beds placed on hold during a period of time not to exceed fourteen (14) consecutive calendar days during which a patient is on therapeutic home leave;

(A) Each patient occupying a nursing facility bed at midnight of each day;

(B) Those beds placed on hold during a period of time not to exceed five (5) consecutive calendar days during which a patient is in a hospital bed; and

(C) Those beds placed on hold during a period of time not to exceed fourteen (14) consecutive calendar days during which a patient is on therapeutic home leave;

(4) "Multiplier" means the fixed dollar amount used to calculate the quality assurance fee;

(5) (A) "Nursing facilities" means any buildings, structures, agencies, institutions, or other places which require payment for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who due to a physical or mental infirmity are unable to care for themselves. (B) "Nursing facilities" does not mean offices of private physicians and surgeons, residential care facilities, assisted living facilities, intermediate care facilities for individuals with intellectual disabilities, hospitals, institutions operated by the United States Government or licensed by the Division of Developmental Disabilities Services, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of any recognized religious denomination; and

(A) "Nursing facilities" means any buildings, structures, agencies, institutions, or other places which require payment for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who due to a physical or mental infirmity are unable to care for themselves.

(B) "Nursing facilities" does not mean offices of private physicians and surgeons, residential care facilities, assisted living facilities, intermediate care facilities for individuals with intellectual disabilities, hospitals, institutions operated by the United States Government or licensed by the Division of Developmental Disabilities Services, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of any recognized religious denomination; and

(6) "Patient days" means the number of patients in a nursing facility as determined by the midnight census.

Amended by Act 2019, No. 389,§ 20, eff. 7/24/2019.

Acts 2001, No. 635, § 1; 2005, No. 2191, § 9.
Ark. Code Ann. § 20-78-906 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-906
[Repealed]
Status: repealed

Repealed by Act 2017, No. 896,§ 3, eff. 8/1/2017. Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.

Repealed by Act 2017, No. 896,§ 3, eff. 8/1/2017.

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-78-706 — AR Code / Title 20 / Chapter 78 / Subchapter 7 / Section 20-78-706
Limitation
Status: in_force

Nothing performed pursuant to this subchapter shall be deemed to constitute the practice of home health care as defined in § 20-10-801 et seq. Acts 1999, No. 1115, § 6.

Nothing performed pursuant to this subchapter shall be deemed to constitute the practice of home health care as defined in § 20-10-801 et seq.

Acts 1999, No. 1115, § 6.
Ark. Code Ann. § 20-16-1906 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1906
Civil penalties and professional sanctions
Status: in_force

(a) (1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable. (2) The physician or other person may also be enjoined from future acts prohibited by this subchapter. (b) (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of sex selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages. (2) Damages may include without limitation: (A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter. (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct for which his or her license to provide healthcare services in this state shall be suspended or revoked by the Arkansas State Medical Board. (d) (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General. (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

(a) (1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable. (2) The physician or other person may also be enjoined from future acts prohibited by this subchapter.

(1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable.

(2) The physician or other person may also be enjoined from future acts prohibited by this subchapter.

(b) (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of sex selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages. (2) Damages may include without limitation: (A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.

(1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of sex selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages.

(2) Damages may include without limitation: (A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.

(A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and

(B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.

(c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct for which his or her license to provide healthcare services in this state shall be suspended or revoked by the Arkansas State Medical Board.

(d) (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General. (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.

(1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General.

(A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or

(B) The Attorney General.

(2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-22-602 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-602
Definitions
Status: in_force

As used in this subchapter: (1) "Apprentice" means a qualified person: (A) Enrolled as required in an apprenticeship program recognized by the Arkansas Fire Protection Licensing Board; and (B) Who may perform work entitled by the licensee under the direct supervision of a licensed employee; (2) "Fire protection sprinkler system" means: (A) An assembly of underground, overhead, or other piping or conduits that convey water with or without other agents to fire sprinkler heads, fire sprinkler nozzles, interior fire hoses, or other devices in order to extinguish, control, or contain fire and so provide protection from exposure to fire or the products of combustion; and (B) A standpipe and hose system as defined under the provisions of National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems; (3) "Fire protection sprinkler system business" means firms engaged in the planning, fire protection layout, selling, installing, maintaining, inspecting, or servicing of fire protection sprinkler systems, including without limitation standpipes, hose stations, and fire pumps; (4) "Fire protection sprinkler systems inspector" means a qualified person who: (A) Is employed full time by a licensed fire protection sprinkler contractor in the State of Arkansas and who has met the requirements to perform inspections of fire protection sprinkler systems in accordance with this subchapter; and (B) May perform corrections of deficiencies from an inspection; (5) "Firm" means any person, partnership, corporation, or association; (6) "Fixed fire protection systems" means fire extinguisher or fire suppression systems, including without limitation: (A) Fire extinguishing or fire suppression systems installed to protect the hoods and ductwork of exhaust systems designed for the removal of smoke and grease-laden vapors from commercial cooking equipment; and (B) Listed or approved fire protection systems or suppression systems installed and maintained according to the standards adopted in the rules of the Arkansas Fire Protection Licensing Board; (7) "Hydrostatic testing" means pressure testing by hydrostatic methods; (8) "Portable fire extinguisher" means any device that contains within it chemicals, fluids, powder, liquids, or gases for extinguishing fires; (9) "Qualified person" means a person meeting the qualifications under § 20-22-611 ; (10) "Responsible managing employee" means an individual who is a full-time licensed employee of a registered fire protection sprinkler system business and who is designated by the fire protection sprinkler system business to be responsible for assuring that all installations and servicing of fire protection sprinkler systems are performed in accordance with all applicable provisions, rules, and guidelines; (11) "Service and servicing" means physically installing portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems by charging, filling, maintaining, recharging, refilling, repairing, hanging, locating, or retesting the portable fire extinguisher, fixed fire protection system, or fire protection sprinkler system; and (12) (A) "Sprinkler fitter" means a qualified person to oversee: (i) An apprentice; or (ii) The initial installation or servicing of fire protection sprinkler systems. (B) A sprinkler fitter may perform corrections of deficiencies from an inspection. Acts 1977, No. 743, § 2; 1979, No. 862, § 1; 1983, No. 782, §§ 1-4; 1985, No. 702, § 2; A.S.A. 1947, § 82-833; Acts 1987, No. 532, § 2; 1993, No. 1215, § 1; 1999, No. 1287, § 1; 2003, No. 1074, § 1; 2009, No. 422, § 2; 2011, No. 838, § 1.

As used in this subchapter:

(1) "Apprentice" means a qualified person: (A) Enrolled as required in an apprenticeship program recognized by the Arkansas Fire Protection Licensing Board; and (B) Who may perform work entitled by the licensee under the direct supervision of a licensed employee;

(A) Enrolled as required in an apprenticeship program recognized by the Arkansas Fire Protection Licensing Board; and

(B) Who may perform work entitled by the licensee under the direct supervision of a licensed employee;

(2) "Fire protection sprinkler system" means: (A) An assembly of underground, overhead, or other piping or conduits that convey water with or without other agents to fire sprinkler heads, fire sprinkler nozzles, interior fire hoses, or other devices in order to extinguish, control, or contain fire and so provide protection from exposure to fire or the products of combustion; and (B) A standpipe and hose system as defined under the provisions of National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems;

(A) An assembly of underground, overhead, or other piping or conduits that convey water with or without other agents to fire sprinkler heads, fire sprinkler nozzles, interior fire hoses, or other devices in order to extinguish, control, or contain fire and so provide protection from exposure to fire or the products of combustion; and

(B) A standpipe and hose system as defined under the provisions of National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems;

(3) "Fire protection sprinkler system business" means firms engaged in the planning, fire protection layout, selling, installing, maintaining, inspecting, or servicing of fire protection sprinkler systems, including without limitation standpipes, hose stations, and fire pumps;

(4) "Fire protection sprinkler systems inspector" means a qualified person who: (A) Is employed full time by a licensed fire protection sprinkler contractor in the State of Arkansas and who has met the requirements to perform inspections of fire protection sprinkler systems in accordance with this subchapter; and (B) May perform corrections of deficiencies from an inspection;

(A) Is employed full time by a licensed fire protection sprinkler contractor in the State of Arkansas and who has met the requirements to perform inspections of fire protection sprinkler systems in accordance with this subchapter; and

(B) May perform corrections of deficiencies from an inspection;

(5) "Firm" means any person, partnership, corporation, or association;

(6) "Fixed fire protection systems" means fire extinguisher or fire suppression systems, including without limitation: (A) Fire extinguishing or fire suppression systems installed to protect the hoods and ductwork of exhaust systems designed for the removal of smoke and grease-laden vapors from commercial cooking equipment; and (B) Listed or approved fire protection systems or suppression systems installed and maintained according to the standards adopted in the rules of the Arkansas Fire Protection Licensing Board;

(A) Fire extinguishing or fire suppression systems installed to protect the hoods and ductwork of exhaust systems designed for the removal of smoke and grease-laden vapors from commercial cooking equipment; and

(B) Listed or approved fire protection systems or suppression systems installed and maintained according to the standards adopted in the rules of the Arkansas Fire Protection Licensing Board;

(7) "Hydrostatic testing" means pressure testing by hydrostatic methods;

(8) "Portable fire extinguisher" means any device that contains within it chemicals, fluids, powder, liquids, or gases for extinguishing fires;

(9) "Qualified person" means a person meeting the qualifications under § 20-22-611 ;

(10) "Responsible managing employee" means an individual who is a full-time licensed employee of a registered fire protection sprinkler system business and who is designated by the fire protection sprinkler system business to be responsible for assuring that all installations and servicing of fire protection sprinkler systems are performed in accordance with all applicable provisions, rules, and guidelines;

(11) "Service and servicing" means physically installing portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems by charging, filling, maintaining, recharging, refilling, repairing, hanging, locating, or retesting the portable fire extinguisher, fixed fire protection system, or fire protection sprinkler system; and

(12) (A) "Sprinkler fitter" means a qualified person to oversee: (i) An apprentice; or (ii) The initial installation or servicing of fire protection sprinkler systems. (B) A sprinkler fitter may perform corrections of deficiencies from an inspection.

(A) "Sprinkler fitter" means a qualified person to oversee: (i) An apprentice; or (ii) The initial installation or servicing of fire protection sprinkler systems.

(i) An apprentice; or

(ii) The initial installation or servicing of fire protection sprinkler systems.

(B) A sprinkler fitter may perform corrections of deficiencies from an inspection.

Acts 1977, No. 743, § 2; 1979, No. 862, § 1; 1983, No. 782, §§ 1-4; 1985, No. 702, § 2; A.S.A. 1947, § 82-833; Acts 1987, No. 532, § 2; 1993, No. 1215, § 1; 1999, No. 1287, § 1; 2003, No. 1074, § 1; 2009, No. 422, § 2; 2011, No. 838, § 1.
Ark. Code Ann. § 20-47-406 — AR Code / Title 20 / Chapter 47 / Subchapter 4 / Section 20-47-406
Department of Human Services agreements for medical care of indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis
Status: in_force

(a) The Arkansas State Hospital and other state institutions are authorized to enter into agreements with the Department of Human Services to establish and maintain a medical care program for indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis at the Arkansas State Hospital and any other state institution and to transfer funds to the Department of Human Services Fund pursuant to the agreement. (b) The agreement made between the Arkansas State Hospital or other institution and the department shall be in compliance with federal law and shall meet qualifications necessary for federal funds to be paid for the care of indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis in the Arkansas State Hospital or other institution. (c) In order to reimburse the fund for expenditures made by the department in accordance with agreements made with the Arkansas State Hospital and other institutions, the Chief Fiscal Officer of the State shall make rules for transfers from the respective State Treasury funds or accounts from which the institutions making agreements derive their financial support to the fund in keeping with the provisions of the agreement made between the Arkansas State Hospital or other state institutions and the department. Amended by Act 2019, No. 315,§ 2146, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 16, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 57, eff. 7/24/2019. Acts 1971, No. 433, ch. 3, §§ 29-31; A.S.A. 1947, §§ 59-429 -- 59-431.

(a) The Arkansas State Hospital and other state institutions are authorized to enter into agreements with the Department of Human Services to establish and maintain a medical care program for indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis at the Arkansas State Hospital and any other state institution and to transfer funds to the Department of Human Services Fund pursuant to the agreement.

(b) The agreement made between the Arkansas State Hospital or other institution and the department shall be in compliance with federal law and shall meet qualifications necessary for federal funds to be paid for the care of indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis in the Arkansas State Hospital or other institution.

(c) In order to reimburse the fund for expenditures made by the department in accordance with agreements made with the Arkansas State Hospital and other institutions, the Chief Fiscal Officer of the State shall make rules for transfers from the respective State Treasury funds or accounts from which the institutions making agreements derive their financial support to the fund in keeping with the provisions of the agreement made between the Arkansas State Hospital or other state institutions and the department.

Amended by Act 2019, No. 315,§ 2146, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 16, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 57, eff. 7/24/2019.

Acts 1971, No. 433, ch. 3, §§ 29-31; A.S.A. 1947, §§ 59-429 -- 59-431.
Ark. Code Ann. § 20-79-203 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Employment disability" means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in a substantial impairment of occupational performance; (2) "Establishment of a workshop or rehabilitation facility" means: (A) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings to adapt them to workshop purposes or to increase employment opportunities, and the acquisition of inital equipment; and (B) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, the initial equipment of the buildings, and initial staffing thereof; (3) "Individual with a disability" means any person who, as a result of a physical or mental disability: (A) Has a substantial employment disability and who may, through receiving vocational rehabilitation services, be qualified for remunerative employment; or (B) May achieve such ability of independent living, through receiving rehabilitation services, which will enable him or her to dispense with or largely dispense with the need for institutional care or attendant care in the household; (4) "Maintenance" means money payment not exceeding the estimated cost of subsistence during the provision of rehabilitation services; (5) "Nonprofit", when used with respect to a rehabilitation facility or workshop, means a rehabilitation facility or a workshop owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any shareholder or individual, and this income is exempt from taxation under section 101(6) of the Internal Revenue Code; (6) "Person with a visual impairment" means a person who has: (A) Not more than 20 / 200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field; (7) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce a disabled individual's disability within a reasonable length of time, including the use of prosthetic appliances but excluding curative treatment for acute or transitory conditions, excepting treatment of medical complications and emergencies as may arise during the rendering of rehabilitation services; (8) (A) "Rehabilitation" and "rehabilitation services" mean any service, provided directly or through public or private instrumentalities, found by the Commissioner of Arkansas Rehabilitation Services to be necessary to compensate an individual with a disability for his or her employment disability and to enable him or her to engage in a remunerative occupation or to achieve independent living, including without limitation medical and vocational diagnosis, vocational guidance, counseling and placement, training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, maintenance, and training books and materials. (B) The term covers the establishment and operation of workshops, rehabilitation centers, home industries, and small business enterprises for persons with a visual impairment and individuals with a severe disability; (9) "Rehabilitation facility" is a facility operated for the purpose of assisting in the rehabilitation of individuals with a disability, which provides one (1) or more of the following types of services: (A) Testing, fitting, or training in the use of prosthetic devices; (B) Pre-vocational or conditioning therapy; (C) Physical, corrective, or occupational therapy; (D) Adjustment training, or evaluation or control of special impairments; or (E) Services in which a coordinated approach is made to the physical, mental, and vocational evaluation of individuals with a disability and an integrated program of physical restoration and pre-vocational or vocational training is provided under competent professional supervision and direction; (10) "Rehabilitation training" means all necessary training provided to an individual with a disability to compensate for his or her employment disability, including, but not limited to, pre-vocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities; (11) "Remunerative employment" includes employment in the competitive labor market, practice of a profession, self-employment, home-making, farm or family work where payment is in kind rather than cash, sheltered employment, home industry, or other homebound work of a remunerative nature; (12) "Service" means Arkansas Rehabilitation Services established by this subchapter; and (13) "Workshop" means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remunerative employment to individuals with a severe disability who cannot be readily absorbed in the competitive labor market. Amended by Act 2023, No. 182,§ 10, eff. 8/1/2023. Amended by Act 2019, No. 389,§ 84, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 83, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 82, eff. 7/24/2019. Acts 1955, No. 43, § 3; 1959, No. 34, § 3; A.S.A. 1947, § 80-2542.

As used in this subchapter, unless the context otherwise requires:

(1) "Employment disability" means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in a substantial impairment of occupational performance;

(2) "Establishment of a workshop or rehabilitation facility" means: (A) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings to adapt them to workshop purposes or to increase employment opportunities, and the acquisition of inital equipment; and (B) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, the initial equipment of the buildings, and initial staffing thereof;

(A) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings to adapt them to workshop purposes or to increase employment opportunities, and the acquisition of inital equipment; and

(B) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, the initial equipment of the buildings, and initial staffing thereof;

(3) "Individual with a disability" means any person who, as a result of a physical or mental disability: (A) Has a substantial employment disability and who may, through receiving vocational rehabilitation services, be qualified for remunerative employment; or (B) May achieve such ability of independent living, through receiving rehabilitation services, which will enable him or her to dispense with or largely dispense with the need for institutional care or attendant care in the household;

(A) Has a substantial employment disability and who may, through receiving vocational rehabilitation services, be qualified for remunerative employment; or

(B) May achieve such ability of independent living, through receiving rehabilitation services, which will enable him or her to dispense with or largely dispense with the need for institutional care or attendant care in the household;

(4) "Maintenance" means money payment not exceeding the estimated cost of subsistence during the provision of rehabilitation services;

(5) "Nonprofit", when used with respect to a rehabilitation facility or workshop, means a rehabilitation facility or a workshop owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any shareholder or individual, and this income is exempt from taxation under section 101(6) of the Internal Revenue Code;

(6) "Person with a visual impairment" means a person who has: (A) Not more than 20 / 200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field;

(A) Not more than 20 / 200 central visual acuity in the better eye after correction; or

(B) An equally disabling loss of the visual field;

(7) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce a disabled individual's disability within a reasonable length of time, including the use of prosthetic appliances but excluding curative treatment for acute or transitory conditions, excepting treatment of medical complications and emergencies as may arise during the rendering of rehabilitation services;

(8) (A) "Rehabilitation" and "rehabilitation services" mean any service, provided directly or through public or private instrumentalities, found by the Commissioner of Arkansas Rehabilitation Services to be necessary to compensate an individual with a disability for his or her employment disability and to enable him or her to engage in a remunerative occupation or to achieve independent living, including without limitation medical and vocational diagnosis, vocational guidance, counseling and placement, training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, maintenance, and training books and materials. (B) The term covers the establishment and operation of workshops, rehabilitation centers, home industries, and small business enterprises for persons with a visual impairment and individuals with a severe disability;

(A) "Rehabilitation" and "rehabilitation services" mean any service, provided directly or through public or private instrumentalities, found by the Commissioner of Arkansas Rehabilitation Services to be necessary to compensate an individual with a disability for his or her employment disability and to enable him or her to engage in a remunerative occupation or to achieve independent living, including without limitation medical and vocational diagnosis, vocational guidance, counseling and placement, training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, maintenance, and training books and materials.

(B) The term covers the establishment and operation of workshops, rehabilitation centers, home industries, and small business enterprises for persons with a visual impairment and individuals with a severe disability;

(9) "Rehabilitation facility" is a facility operated for the purpose of assisting in the rehabilitation of individuals with a disability, which provides one (1) or more of the following types of services: (A) Testing, fitting, or training in the use of prosthetic devices; (B) Pre-vocational or conditioning therapy; (C) Physical, corrective, or occupational therapy; (D) Adjustment training, or evaluation or control of special impairments; or (E) Services in which a coordinated approach is made to the physical, mental, and vocational evaluation of individuals with a disability and an integrated program of physical restoration and pre-vocational or vocational training is provided under competent professional supervision and direction;

(A) Testing, fitting, or training in the use of prosthetic devices;

(B) Pre-vocational or conditioning therapy;

(C) Physical, corrective, or occupational therapy;

(D) Adjustment training, or evaluation or control of special impairments; or

(E) Services in which a coordinated approach is made to the physical, mental, and vocational evaluation of individuals with a disability and an integrated program of physical restoration and pre-vocational or vocational training is provided under competent professional supervision and direction;

(10) "Rehabilitation training" means all necessary training provided to an individual with a disability to compensate for his or her employment disability, including, but not limited to, pre-vocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities;

(11) "Remunerative employment" includes employment in the competitive labor market, practice of a profession, self-employment, home-making, farm or family work where payment is in kind rather than cash, sheltered employment, home industry, or other homebound work of a remunerative nature;

(12) "Service" means Arkansas Rehabilitation Services established by this subchapter; and

(13) "Workshop" means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remunerative employment to individuals with a severe disability who cannot be readily absorbed in the competitive labor market.

Amended by Act 2023, No. 182,§ 10, eff. 8/1/2023.

Amended by Act 2019, No. 389,§ 84, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 83, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 82, eff. 7/24/2019.

Acts 1955, No. 43, § 3; 1959, No. 34, § 3; A.S.A. 1947, § 80-2542.
Ark. Code Ann. § 20-22-1010 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1010
Duties of State Fire Marshal
Status: in_force

(a) The State Fire Marshal shall have the responsibility to: (1) Provide sufficient training to the several deputy fire marshals in the State of Arkansas to enable them to better understand their duties and their authority and to motivate them to perform their duties in an effective and efficient manner; (2) Coordinate fire prevention efforts with the Office of Fire Protection Services and other agencies and groups; (3) Develop and present public awareness programs in fire prevention and protection; (4) Develop and disseminate fire prevention information and material; (5) Enforce the Arkansas Fire Prevention Code and periodically revise and update the Arkansas Fire Prevention Code; (6) Do and perform such other functions as will promote an efficient and effective fire prevention and control program in the state; (7) Review fire protection class code determinations by an advisory organization and determine if the evaluation of fire protection services is reasonable and appropriate; and (8) Upon request, make recommendations to the Insurance Commissioner concerning filings made to the commissioner concerning fire protection standards. (b) The State Fire Marshal, in conjunction with the appropriate law enforcement agency, shall enforce all laws and ordinances with regard to the following, including without limitation: (1) The prevention of fires; (2) The storage, sale, and use of combustibles and explosives; (3) The installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment; (4) The construction, maintenance, and regulation of fire escapes; (5) The means and adequacy of exits in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, and all other places in which numbers of people work, live, or congregate from time to time, for any purpose; and (6) The suppression of arson and the investigation of the cause, origin, and circumstances of fires. (c) The State Fire Marshal shall adopt reasonable rules for the effective administration of this subchapter to accomplish its intent and purposes, and to safeguard the public from fire hazards. (d) The State Fire Marshal shall make reasonable rules for the keeping, storing, using, manufacture, selling, handling, transportation, or other disposition of highly inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosives or compounds, or any other explosive, including fireworks, and firecrackers, and he or she may prescribe the materials and construction of receptacles and buildings to be used for any of those purposes. (e) Nothing in this subchapter shall apply to the inspection of boilers, § 20-23-101 et seq., the administration and enforcement of which is now vested in the Division of Labor. Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.

(a) The State Fire Marshal shall have the responsibility to: (1) Provide sufficient training to the several deputy fire marshals in the State of Arkansas to enable them to better understand their duties and their authority and to motivate them to perform their duties in an effective and efficient manner; (2) Coordinate fire prevention efforts with the Office of Fire Protection Services and other agencies and groups; (3) Develop and present public awareness programs in fire prevention and protection; (4) Develop and disseminate fire prevention information and material; (5) Enforce the Arkansas Fire Prevention Code and periodically revise and update the Arkansas Fire Prevention Code; (6) Do and perform such other functions as will promote an efficient and effective fire prevention and control program in the state; (7) Review fire protection class code determinations by an advisory organization and determine if the evaluation of fire protection services is reasonable and appropriate; and (8) Upon request, make recommendations to the Insurance Commissioner concerning filings made to the commissioner concerning fire protection standards.

(1) Provide sufficient training to the several deputy fire marshals in the State of Arkansas to enable them to better understand their duties and their authority and to motivate them to perform their duties in an effective and efficient manner;

(2) Coordinate fire prevention efforts with the Office of Fire Protection Services and other agencies and groups;

(3) Develop and present public awareness programs in fire prevention and protection;

(4) Develop and disseminate fire prevention information and material;

(5) Enforce the Arkansas Fire Prevention Code and periodically revise and update the Arkansas Fire Prevention Code;

(6) Do and perform such other functions as will promote an efficient and effective fire prevention and control program in the state;

(7) Review fire protection class code determinations by an advisory organization and determine if the evaluation of fire protection services is reasonable and appropriate; and

(8) Upon request, make recommendations to the Insurance Commissioner concerning filings made to the commissioner concerning fire protection standards.

(b) The State Fire Marshal, in conjunction with the appropriate law enforcement agency, shall enforce all laws and ordinances with regard to the following, including without limitation: (1) The prevention of fires; (2) The storage, sale, and use of combustibles and explosives; (3) The installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment; (4) The construction, maintenance, and regulation of fire escapes; (5) The means and adequacy of exits in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, and all other places in which numbers of people work, live, or congregate from time to time, for any purpose; and (6) The suppression of arson and the investigation of the cause, origin, and circumstances of fires.

(1) The prevention of fires;

(2) The storage, sale, and use of combustibles and explosives;

(3) The installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment;

(4) The construction, maintenance, and regulation of fire escapes;

(5) The means and adequacy of exits in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, and all other places in which numbers of people work, live, or congregate from time to time, for any purpose; and

(6) The suppression of arson and the investigation of the cause, origin, and circumstances of fires.

(c) The State Fire Marshal shall adopt reasonable rules for the effective administration of this subchapter to accomplish its intent and purposes, and to safeguard the public from fire hazards.

(d) The State Fire Marshal shall make reasonable rules for the keeping, storing, using, manufacture, selling, handling, transportation, or other disposition of highly inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosives or compounds, or any other explosive, including fireworks, and firecrackers, and he or she may prescribe the materials and construction of receptacles and buildings to be used for any of those purposes.

(e) Nothing in this subchapter shall apply to the inspection of boilers, § 20-23-101 et seq., the administration and enforcement of which is now vested in the Division of Labor.

Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.
Ark. Code Ann. § 20-86-103 — AR Code / Title 20 / Chapter 86 / Section 20-86-103
Purpose
Status: in_force

The purpose of this act is to provide for the establishment of individual development accounts designed to: (1) Provide individuals and families with limited means an opportunity to accumulate assets; (2) Facilitate and mobilize savings; (3) Promote home ownership, microenterprise development, education, saving for retirement, and automobile purchase; and (4) Stabilize families and build communities. Acts 1999, No. 1217, § 2.

The purpose of this act is to provide for the establishment of individual development accounts designed to:

(1) Provide individuals and families with limited means an opportunity to accumulate assets;

(2) Facilitate and mobilize savings;

(3) Promote home ownership, microenterprise development, education, saving for retirement, and automobile purchase; and

(4) Stabilize families and build communities.

Acts 1999, No. 1217, § 2.
Ark. Code Ann. § 20-17-1209 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1209
Who may make anatomical gift of decedent's body or part
Status: in_force

(a) Subject to subsections (b) and (c) and unless barred by § 20-17-1207 or § 20-17-1208 , an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) an agent of the decedent at the time of death who could have made an anatomical gift under § 20-17-1204(2) immediately before the decedent's death; (2) the spouse of the decedent; (3) adult children of the decedent; (4) parents of the decedent; (5) adult siblings of the decedent; (6) adult grandchildren of the decedent; (7) grandparents of the decedent; (8) an adult who exhibited special care and concern for the decedent; (9) the persons who were acting as the guardians of the person of the decedent at the time of death; and (10) any other person having the authority to dispose of the decedent's body. (b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under § 20-17-1211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift. Acts 2007, No. 839, § 1.

(a) Subject to subsections (b) and (c) and unless barred by § 20-17-1207 or § 20-17-1208 , an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) an agent of the decedent at the time of death who could have made an anatomical gift under § 20-17-1204(2) immediately before the decedent's death; (2) the spouse of the decedent; (3) adult children of the decedent; (4) parents of the decedent; (5) adult siblings of the decedent; (6) adult grandchildren of the decedent; (7) grandparents of the decedent; (8) an adult who exhibited special care and concern for the decedent; (9) the persons who were acting as the guardians of the person of the decedent at the time of death; and (10) any other person having the authority to dispose of the decedent's body.

(1) an agent of the decedent at the time of death who could have made an anatomical gift under § 20-17-1204(2) immediately before the decedent's death;

(2) the spouse of the decedent;

(3) adult children of the decedent;

(4) parents of the decedent;

(5) adult siblings of the decedent;

(6) adult grandchildren of the decedent;

(7) grandparents of the decedent;

(8) an adult who exhibited special care and concern for the decedent;

(9) the persons who were acting as the guardians of the person of the decedent at the time of death; and

(10) any other person having the authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under § 20-17-1211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-26-207 — AR Code / Title 20 / Chapter 26 / Subchapter 2 / Section 20-26-207
Posting information about the National Human Trafficking Resource Center Hotline
Status: in_force

An entity governed by this subchapter shall post information about the National Human Trafficking Resource Center Hotline as required under § 12-19-102 . Added by Act 2013, No. 1157,§ 8, eff. 8/16/2013.

An entity governed by this subchapter shall post information about the National Human Trafficking Resource Center Hotline as required under § 12-19-102 .

Added by Act 2013, No. 1157,§ 8, eff. 8/16/2013.
Ark. Code Ann. § 20-8-804 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-804
Volunteer Healthcare Program
Status: in_force

(a) (1) A healthcare provider or medical professional may enter into a contract with the Department of Health or governmental contractor to deliver volunteer health services to eligible low-income patients. (2) A healthcare provider or medical professional that enters into a contract as described in subdivision (a)(1) of this section shall be an agent of the state with sovereign immunity while the healthcare provider or medical professional is acting within the scope of duties under the contract as described in this subchapter. (3) A governmental contractor that is also a healthcare provider is not required to enter into a contract under this subchapter with respect to the healthcare services delivered by employees of the governmental contractor. (b) The contract shall: (1) Apply only to volunteer healthcare services delivered by the healthcare provider or medical professional to low-income patients who are eligible to receive healthcare services; (2) Include all employees of the healthcare provider; and (3) State that: (A) The healthcare provider or medical professional has sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided within the scope of the contract; (B) If a patient treated by the healthcare provider or medical professional is ineligible for services, the healthcare provider or medical professional shall still have sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided; (C) The department or the governmental contractor has the right to: (i) Dismiss or terminate any healthcare provider or medical professional employed under the contract; and (ii) (a) Terminate the contact with a healthcare provider or medical professional with appropriate cause. (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and (iii) Access the records of any patient served by the healthcare provider or medical professional under the contract; (D) (i) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the department or governmental contractor if pertaining to a patient treated under the contract. (ii) The healthcare provider or medical professional shall also report the adverse incident to the appropriate licensing body to determine whether the adverse incident involves conduct subject to disciplinary action. (iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; (E) The department, governmental contractor, healthcare provider, or medical provider may make patient selection and initial referrals; and (F) If emergency care is required, the patient shall be referred within forty-eight (48) hours after the latter of the time when treatment commences or the patient has the mental capacity to consent to treatments. (c) Annually, the healthcare provider or medical professional shall report the following information to the department: (1) A summary of the efficacy of access and treatment outcomes; (2) Statistics for claims pending and claims paid; (3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals by the healthcare provider or medical professional working under the Volunteer Healthcare Program; (4) The operation hours of the healthcare provider or medical professional; (5) The number of patient visits by the healthcare provider or medical professional working under the Volunteer Healthcare Program; and (6) The value of healthcare-related goods and services provided by the healthcare provider or medical professional working under the Volunteer Healthcare Program. Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

(a) (1) A healthcare provider or medical professional may enter into a contract with the Department of Health or governmental contractor to deliver volunteer health services to eligible low-income patients. (2) A healthcare provider or medical professional that enters into a contract as described in subdivision (a)(1) of this section shall be an agent of the state with sovereign immunity while the healthcare provider or medical professional is acting within the scope of duties under the contract as described in this subchapter. (3) A governmental contractor that is also a healthcare provider is not required to enter into a contract under this subchapter with respect to the healthcare services delivered by employees of the governmental contractor.

(1) A healthcare provider or medical professional may enter into a contract with the Department of Health or governmental contractor to deliver volunteer health services to eligible low-income patients.

(2) A healthcare provider or medical professional that enters into a contract as described in subdivision (a)(1) of this section shall be an agent of the state with sovereign immunity while the healthcare provider or medical professional is acting within the scope of duties under the contract as described in this subchapter.

(3) A governmental contractor that is also a healthcare provider is not required to enter into a contract under this subchapter with respect to the healthcare services delivered by employees of the governmental contractor.

(b) The contract shall: (1) Apply only to volunteer healthcare services delivered by the healthcare provider or medical professional to low-income patients who are eligible to receive healthcare services; (2) Include all employees of the healthcare provider; and (3) State that: (A) The healthcare provider or medical professional has sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided within the scope of the contract; (B) If a patient treated by the healthcare provider or medical professional is ineligible for services, the healthcare provider or medical professional shall still have sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided; (C) The department or the governmental contractor has the right to: (i) Dismiss or terminate any healthcare provider or medical professional employed under the contract; and (ii) (a) Terminate the contact with a healthcare provider or medical professional with appropriate cause. (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and (iii) Access the records of any patient served by the healthcare provider or medical professional under the contract; (D) (i) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the department or governmental contractor if pertaining to a patient treated under the contract. (ii) The healthcare provider or medical professional shall also report the adverse incident to the appropriate licensing body to determine whether the adverse incident involves conduct subject to disciplinary action. (iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; (E) The department, governmental contractor, healthcare provider, or medical provider may make patient selection and initial referrals; and (F) If emergency care is required, the patient shall be referred within forty-eight (48) hours after the latter of the time when treatment commences or the patient has the mental capacity to consent to treatments.

(1) Apply only to volunteer healthcare services delivered by the healthcare provider or medical professional to low-income patients who are eligible to receive healthcare services;

(2) Include all employees of the healthcare provider; and

(3) State that: (A) The healthcare provider or medical professional has sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided within the scope of the contract; (B) If a patient treated by the healthcare provider or medical professional is ineligible for services, the healthcare provider or medical professional shall still have sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided; (C) The department or the governmental contractor has the right to: (i) Dismiss or terminate any healthcare provider or medical professional employed under the contract; and (ii) (a) Terminate the contact with a healthcare provider or medical professional with appropriate cause. (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and (iii) Access the records of any patient served by the healthcare provider or medical professional under the contract; (D) (i) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the department or governmental contractor if pertaining to a patient treated under the contract. (ii) The healthcare provider or medical professional shall also report the adverse incident to the appropriate licensing body to determine whether the adverse incident involves conduct subject to disciplinary action. (iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; (E) The department, governmental contractor, healthcare provider, or medical provider may make patient selection and initial referrals; and (F) If emergency care is required, the patient shall be referred within forty-eight (48) hours after the latter of the time when treatment commences or the patient has the mental capacity to consent to treatments.

(A) The healthcare provider or medical professional has sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided within the scope of the contract;

(B) If a patient treated by the healthcare provider or medical professional is ineligible for services, the healthcare provider or medical professional shall still have sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided;

(C) The department or the governmental contractor has the right to: (i) Dismiss or terminate any healthcare provider or medical professional employed under the contract; and (ii) (a) Terminate the contact with a healthcare provider or medical professional with appropriate cause. (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and (iii) Access the records of any patient served by the healthcare provider or medical professional under the contract;

(i) Dismiss or terminate any healthcare provider or medical professional employed under the contract; and

(ii) (a) Terminate the contact with a healthcare provider or medical professional with appropriate cause. (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and

(a) Terminate the contact with a healthcare provider or medical professional with appropriate cause.

(b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and

(iii) Access the records of any patient served by the healthcare provider or medical professional under the contract;

(D) (i) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the department or governmental contractor if pertaining to a patient treated under the contract. (ii) The healthcare provider or medical professional shall also report the adverse incident to the appropriate licensing body to determine whether the adverse incident involves conduct subject to disciplinary action. (iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.;

(i) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the department or governmental contractor if pertaining to a patient treated under the contract.

(ii) The healthcare provider or medical professional shall also report the adverse incident to the appropriate licensing body to determine whether the adverse incident involves conduct subject to disciplinary action.

(iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.;

(E) The department, governmental contractor, healthcare provider, or medical provider may make patient selection and initial referrals; and

(F) If emergency care is required, the patient shall be referred within forty-eight (48) hours after the latter of the time when treatment commences or the patient has the mental capacity to consent to treatments.

(c) Annually, the healthcare provider or medical professional shall report the following information to the department: (1) A summary of the efficacy of access and treatment outcomes; (2) Statistics for claims pending and claims paid; (3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals by the healthcare provider or medical professional working under the Volunteer Healthcare Program; (4) The operation hours of the healthcare provider or medical professional; (5) The number of patient visits by the healthcare provider or medical professional working under the Volunteer Healthcare Program; and (6) The value of healthcare-related goods and services provided by the healthcare provider or medical professional working under the Volunteer Healthcare Program.

(1) A summary of the efficacy of access and treatment outcomes;

(2) Statistics for claims pending and claims paid;

(3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals by the healthcare provider or medical professional working under the Volunteer Healthcare Program;

(4) The operation hours of the healthcare provider or medical professional;

(5) The number of patient visits by the healthcare provider or medical professional working under the Volunteer Healthcare Program; and

(6) The value of healthcare-related goods and services provided by the healthcare provider or medical professional working under the Volunteer Healthcare Program.

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-60-302 — AR Code / Title 20 / Chapter 60 / Subchapter 3 / Section 20-60-302
Policy - Definitions
Status: in_force

(a) (1) Meat and meat food products are purchased by numerous agencies administered and operated by the State of Arkansas. (2) Meat and meat food products are procured by competitive bidding methods and in accordance with official published specifications. (b) It is declared to be the policy of this state to grant authority to the Department of Agriculture to provide an acceptance service designed to assure state institutional users of meat and meat food products that the meats and meat food products they purchase comply with the provisions and detailed specifications approved by the Office of State Procurement. (c) As used in this subchapter: (1) "Livestock" means cattle, sheep, swine, goats, or horses; (2) "Meat" means any edible part of the carcass of any livestock; and (3) "Meat food product" means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock, unless exempted by the Secretary of the Department of Agriculture upon the determination of the secretary that the food or food product: (A) Contains only a minimal amount of meat and is not represented as a meat food product; or (B) Is for medicinal purposes and is advertised only to the medical profession. Amended by Act 2021, No. 418,§ 3, eff. 3/23/2021. Acts 1971, No. 468, § 2; A.S.A. 1947, § 82-2019.

(a) (1) Meat and meat food products are purchased by numerous agencies administered and operated by the State of Arkansas. (2) Meat and meat food products are procured by competitive bidding methods and in accordance with official published specifications.

(1) Meat and meat food products are purchased by numerous agencies administered and operated by the State of Arkansas.

(2) Meat and meat food products are procured by competitive bidding methods and in accordance with official published specifications.

(b) It is declared to be the policy of this state to grant authority to the Department of Agriculture to provide an acceptance service designed to assure state institutional users of meat and meat food products that the meats and meat food products they purchase comply with the provisions and detailed specifications approved by the Office of State Procurement.

(c) As used in this subchapter: (1) "Livestock" means cattle, sheep, swine, goats, or horses; (2) "Meat" means any edible part of the carcass of any livestock; and (3) "Meat food product" means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock, unless exempted by the Secretary of the Department of Agriculture upon the determination of the secretary that the food or food product: (A) Contains only a minimal amount of meat and is not represented as a meat food product; or (B) Is for medicinal purposes and is advertised only to the medical profession.

(1) "Livestock" means cattle, sheep, swine, goats, or horses;

(2) "Meat" means any edible part of the carcass of any livestock; and

(3) "Meat food product" means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock, unless exempted by the Secretary of the Department of Agriculture upon the determination of the secretary that the food or food product: (A) Contains only a minimal amount of meat and is not represented as a meat food product; or (B) Is for medicinal purposes and is advertised only to the medical profession.

(A) Contains only a minimal amount of meat and is not represented as a meat food product; or

(B) Is for medicinal purposes and is advertised only to the medical profession.

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

Acts 1971, No. 468, § 2; A.S.A. 1947, § 82-2019.
Ark. Code Ann. § 20-27-301 — AR Code / Title 20 / Chapter 27 / Subchapter 3 / Section 20-27-301
Donation by minors seventeen years of age or older - Written permission required for minors sixteen years of age
Status: in_force

(a) (1) Any minor who has reached seventeen (17) years of age may act as a blood donor to any nonprofit blood bank or any licensed hospital without consideration. (2) The consent of the minor seventeen (17) years of age or older shall not be subject to disaffirmance because of the minority of the donor. (3) The consent of the parent or guardian of the minor seventeen (17) years of age or older shall not be necessary to authorize the taking of blood from the minor. (b) A minor sixteen (16) years of age may act as a blood donor to a nonprofit blood bank or a licensed hospital without consideration, if the minor sixteen (16) years of age obtains written permission or authorization from his or her parent or guardian. (c) However, nothing in this section relieves a blood bank or hospital or its agents or employees from civil liability for any negligence in taking the blood of a minor. Acts 1971, No. 44, § 1; 1977, No. 449, § 1; A.S.A. 1947, § 82-1606; Acts 2009, No. 152, § 1.

(a) (1) Any minor who has reached seventeen (17) years of age may act as a blood donor to any nonprofit blood bank or any licensed hospital without consideration. (2) The consent of the minor seventeen (17) years of age or older shall not be subject to disaffirmance because of the minority of the donor. (3) The consent of the parent or guardian of the minor seventeen (17) years of age or older shall not be necessary to authorize the taking of blood from the minor.

(1) Any minor who has reached seventeen (17) years of age may act as a blood donor to any nonprofit blood bank or any licensed hospital without consideration.

(2) The consent of the minor seventeen (17) years of age or older shall not be subject to disaffirmance because of the minority of the donor.

(3) The consent of the parent or guardian of the minor seventeen (17) years of age or older shall not be necessary to authorize the taking of blood from the minor.

(b) A minor sixteen (16) years of age may act as a blood donor to a nonprofit blood bank or a licensed hospital without consideration, if the minor sixteen (16) years of age obtains written permission or authorization from his or her parent or guardian.

(c) However, nothing in this section relieves a blood bank or hospital or its agents or employees from civil liability for any negligence in taking the blood of a minor.

Acts 1971, No. 44, § 1; 1977, No. 449, § 1; A.S.A. 1947, § 82-1606; Acts 2009, No. 152, § 1.
Ark. Code Ann. § 20-17-103 — AR Code / Title 20 / Chapter 17 / Subchapter 1 / Section 20-17-103
Notification of death
Status: in_force

Within thirty (30) calendar days after a death certificate is filed pursuant to § 20-18-601 , the Division of Vital Records of the Department of Health shall provide notification of the death to the county and circuit court clerks in the county where the deceased was a resident. Acts 1993, No. 133, § 1.

Within thirty (30) calendar days after a death certificate is filed pursuant to § 20-18-601 , the Division of Vital Records of the Department of Health shall provide notification of the death to the county and circuit court clerks in the county where the deceased was a resident.

Acts 1993, No. 133, § 1.
Ark. Code Ann. § 20-59-303 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-303
State Board of Health - Enforcement
Status: in_force

(a) The State Board of Health, through its constituted officers and agents, is authorized and directed to administer and to supervise the enforcement of this subchapter, to prescribe rules to carry out its purpose, to provide for such periodic inspections and investigations as it may deem necessary to disclose violations, to receive and provide for the investigation of complaints and to provide for the institution and prosecution of civil or criminal actions, or both. (b) The provisions of this subchapter and the rules issued in connection therewith may be enforced by injunction in any court having jurisdiction to grant injunctive relief. Adulterated or misbranded articles illegally held or otherwise involved in a violation of this subchapter or of the rules shall be subject to seizure and disposition in accordance with an order of court. (c) However, any aggrieved party shall have the right to apply to the circuit court in the county of his or her residence for a review of any summary action on the part of the board or its agents. For this purpose, service of process upon the Secretary of the Department of Health at any place in this state shall constitute a valid service in the application for review. Amended by Act 2019, No. 315,§ 2199, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5067, eff. 7/1/2019. Acts 1953, No. 416, § 11; A.S.A. 1947, § 82-918.10.

(a) The State Board of Health, through its constituted officers and agents, is authorized and directed to administer and to supervise the enforcement of this subchapter, to prescribe rules to carry out its purpose, to provide for such periodic inspections and investigations as it may deem necessary to disclose violations, to receive and provide for the investigation of complaints and to provide for the institution and prosecution of civil or criminal actions, or both.

(b) The provisions of this subchapter and the rules issued in connection therewith may be enforced by injunction in any court having jurisdiction to grant injunctive relief. Adulterated or misbranded articles illegally held or otherwise involved in a violation of this subchapter or of the rules shall be subject to seizure and disposition in accordance with an order of court.

(c) However, any aggrieved party shall have the right to apply to the circuit court in the county of his or her residence for a review of any summary action on the part of the board or its agents. For this purpose, service of process upon the Secretary of the Department of Health at any place in this state shall constitute a valid service in the application for review.

Amended by Act 2019, No. 315,§ 2199, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5067, eff. 7/1/2019.

Acts 1953, No. 416, § 11; A.S.A. 1947, § 82-918.10.
Ark. Code Ann. § 20-21-403 — AR Code / Title 20 / Chapter 21 / Subchapter 4 / Section 20-21-403
Operating funds
Status: in_force

(a) (1) The Chief Fiscal Officer of the State shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program. This amount shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year. (2) The Secretary of the Department of Health shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear generating facilities in the state. The Chief Fiscal Officer of the State shall then notify each utility of the portion of the amount to be paid by each utility. (b) The cost of maintaining and operating the program shall be apportioned to the utilities in this state operating nuclear generating facilities in such proportions as the Chief Fiscal Officer of the State shall determine to be most appropriate and equitable. Amended by Act 2019, No. 910,§ 5025, eff. 7/1/2019. Acts 1980 (1st Ex. Sess.), No. 67, § 3; A.S.A. 1947, § 82-1543.

(a) (1) The Chief Fiscal Officer of the State shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program. This amount shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year. (2) The Secretary of the Department of Health shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear generating facilities in the state. The Chief Fiscal Officer of the State shall then notify each utility of the portion of the amount to be paid by each utility.

(1) The Chief Fiscal Officer of the State shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program. This amount shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year.

(2) The Secretary of the Department of Health shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear generating facilities in the state. The Chief Fiscal Officer of the State shall then notify each utility of the portion of the amount to be paid by each utility.

(b) The cost of maintaining and operating the program shall be apportioned to the utilities in this state operating nuclear generating facilities in such proportions as the Chief Fiscal Officer of the State shall determine to be most appropriate and equitable.

Amended by Act 2019, No. 910,§ 5025, eff. 7/1/2019.

Acts 1980 (1st Ex. Sess.), No. 67, § 3; A.S.A. 1947, § 82-1543.
Ark. Code Ann. § 20-17-1021 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1021
Disposition of contributions and fees
Status: in_force

(a) All contributions imposed under this subchapter shall be: (1) Deposited into the respective permanent maintenance fund of the cemetery company upon which the contribution is imposed; and (2) Paid within forty-five (45) days of imposition. (b) All fees imposed under this subchapter shall be paid to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. Amended by Act 2017, No. 788,§ 53, eff. 7/1/2018. Acts 1977, No. 352, § 23; A.S.A. 1947, § 82-426.23; Acts 2009, No. 715, § 9.

(a) All contributions imposed under this subchapter shall be: (1) Deposited into the respective permanent maintenance fund of the cemetery company upon which the contribution is imposed; and (2) Paid within forty-five (45) days of imposition.

(1) Deposited into the respective permanent maintenance fund of the cemetery company upon which the contribution is imposed; and

(2) Paid within forty-five (45) days of imposition.

(b) All fees imposed under this subchapter shall be paid to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

Amended by Act 2017, No. 788,§ 53, eff. 7/1/2018.

Acts 1977, No. 352, § 23; A.S.A. 1947, § 82-426.23; Acts 2009, No. 715, § 9.
Ark. Code Ann. § 20-16-1702 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1702
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) A use, prescription, or means under this subdivision (1) is not an abortion if the use, prescription, or means is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) (A) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. (B) "Abortion-inducing drugs" includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate. (C) This definition does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs. (D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion; (3) "Adverse event" means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes: (A) Death; (B) Threat to life; (C) Hospitalization; (D) Disability or permanent damage; (E) Congenital anomaly or birth defect, or both; (F) Required intervention to prevent permanent impairment or damage; or (G) Other serious important medical events, including without limitation: (i) Allergic bronchospasm requiring treatment in an emergency room; (ii) Serious blood dyscrasias; (iii) Seizures or convulsions that do not result in hospitalization; and (iv) The development of drug dependence or drug abuse; (4) "Complication" means an adverse physical or psychological condition arising from the performance of an abortion, including without limitation: (A) An adverse reaction to anesthesia or other drugs; (B) Bleeding; (C) A blood clot; (D) Cardiac arrest; (E) Cervical perforation; (F) Coma; (G) Embolism; (H) Endometritis; (I) Failure to actually terminate the pregnancy; (J) Free fluid in the abdomen; (K) Hemorrhage; (L) Incomplete abortion, also referred to as "retained tissue"; (M) Infection; (N) Metabolic disorder; (O) Undiagnosed ectopic pregnancy; (P) Placenta previa in subsequent pregnancies; (Q) Pelvic inflammatory disease; (R) A psychological or emotional complication such as depression, anxiety, or a sleeping disorder; (S) Preterm delivery in subsequent pregnancies; (T) Renal failure; (U) Respiratory arrest; (V) Shock; (W) Uterine perforation; and (X) Other adverse event; (5) "Conception" means the fusion of a human spermatozoon with a human ovum; (6) "Emancipated minor" means a person under eighteen (18) years of age who is or has been married or who has been legally emancipated; (7) "Facility" means a public or private hospital, clinic, center, medical school, medical training institution, healthcare facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location where medical care is provided to a person; (8) "First trimester" means the first twelve (12) weeks of gestation; (9) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period; (10) "Hospital" means any institution licensed as a hospital pursuant to the laws of this state; (11) "Medical emergency" means that condition which, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman and necessitates the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function; (12) "Physician" means any person licensed to practice medicine in this state, including medical doctors and doctors of osteopathy; (13) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the woman's uterus; (14) "Qualified person" means an agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, physician assistant, or physician; (15) "Unborn child" means the offspring of human beings from conception until birth; and (16) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

As used in this subchapter:

(1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) A use, prescription, or means under this subdivision (1) is not an abortion if the use, prescription, or means is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.

(B) A use, prescription, or means under this subdivision (1) is not an abortion if the use, prescription, or means is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(i) Save the life or preserve the health of the unborn child;

(ii) Remove a dead unborn child caused by spontaneous abortion; or

(iii) Remove an ectopic pregnancy;

(2) (A) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. (B) "Abortion-inducing drugs" includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate. (C) This definition does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs. (D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;

(A) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.

(B) "Abortion-inducing drugs" includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate.

(C) This definition does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs.

(D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;

(3) "Adverse event" means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes: (A) Death; (B) Threat to life; (C) Hospitalization; (D) Disability or permanent damage; (E) Congenital anomaly or birth defect, or both; (F) Required intervention to prevent permanent impairment or damage; or (G) Other serious important medical events, including without limitation: (i) Allergic bronchospasm requiring treatment in an emergency room; (ii) Serious blood dyscrasias; (iii) Seizures or convulsions that do not result in hospitalization; and (iv) The development of drug dependence or drug abuse;

(A) Death;

(B) Threat to life;

(C) Hospitalization;

(D) Disability or permanent damage;

(E) Congenital anomaly or birth defect, or both;

(F) Required intervention to prevent permanent impairment or damage; or

(G) Other serious important medical events, including without limitation: (i) Allergic bronchospasm requiring treatment in an emergency room; (ii) Serious blood dyscrasias; (iii) Seizures or convulsions that do not result in hospitalization; and (iv) The development of drug dependence or drug abuse;

(i) Allergic bronchospasm requiring treatment in an emergency room;

(ii) Serious blood dyscrasias;

(iii) Seizures or convulsions that do not result in hospitalization; and

(iv) The development of drug dependence or drug abuse;

(4) "Complication" means an adverse physical or psychological condition arising from the performance of an abortion, including without limitation: (A) An adverse reaction to anesthesia or other drugs; (B) Bleeding; (C) A blood clot; (D) Cardiac arrest; (E) Cervical perforation; (F) Coma; (G) Embolism; (H) Endometritis; (I) Failure to actually terminate the pregnancy; (J) Free fluid in the abdomen; (K) Hemorrhage; (L) Incomplete abortion, also referred to as "retained tissue"; (M) Infection; (N) Metabolic disorder; (O) Undiagnosed ectopic pregnancy; (P) Placenta previa in subsequent pregnancies; (Q) Pelvic inflammatory disease; (R) A psychological or emotional complication such as depression, anxiety, or a sleeping disorder; (S) Preterm delivery in subsequent pregnancies; (T) Renal failure; (U) Respiratory arrest; (V) Shock; (W) Uterine perforation; and (X) Other adverse event;

(A) An adverse reaction to anesthesia or other drugs;

(B) Bleeding;

(C) A blood clot;

(D) Cardiac arrest;

(E) Cervical perforation;

(F) Coma;

(G) Embolism;

(H) Endometritis;

(I) Failure to actually terminate the pregnancy;

(J) Free fluid in the abdomen;

(K) Hemorrhage;

(L) Incomplete abortion, also referred to as "retained tissue";

(M) Infection;

(N) Metabolic disorder;

(O) Undiagnosed ectopic pregnancy;

(P) Placenta previa in subsequent pregnancies;

(Q) Pelvic inflammatory disease;

(R) A psychological or emotional complication such as depression, anxiety, or a sleeping disorder;

(S) Preterm delivery in subsequent pregnancies;

(T) Renal failure;

(U) Respiratory arrest;

(V) Shock;

(W) Uterine perforation; and

(X) Other adverse event;

(5) "Conception" means the fusion of a human spermatozoon with a human ovum;

(6) "Emancipated minor" means a person under eighteen (18) years of age who is or has been married or who has been legally emancipated;

(7) "Facility" means a public or private hospital, clinic, center, medical school, medical training institution, healthcare facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location where medical care is provided to a person;

(8) "First trimester" means the first twelve (12) weeks of gestation;

(9) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period;

(10) "Hospital" means any institution licensed as a hospital pursuant to the laws of this state;

(11) "Medical emergency" means that condition which, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman and necessitates the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;

(12) "Physician" means any person licensed to practice medicine in this state, including medical doctors and doctors of osteopathy;

(13) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the woman's uterus;

(14) "Qualified person" means an agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, physician assistant, or physician;

(15) "Unborn child" means the offspring of human beings from conception until birth; and

(16) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-78-501 — AR Code / Title 20 / Chapter 78 / Subchapter 5 / Section 20-78-501
Creation - Composition - Meetings
Status: in_force

(a) (1) There is hereby established the Arkansas Early Childhood Commission, to be composed of eleven (11) members. (2) The Chair of the Arkansas Early Childhood Commission shall be selected annually by majority vote of the commission. (b) The following members of the commission shall be appointed by the Governor, subject to confirmation by the Senate: (1) One (1) member affiliated with childcare provider agencies, organizations, or programs; (2) One (1) member affiliated with the Arkansas Head Start State Collaboration Office; (3) One (1) member affiliated with a Home Instruction for Parents of Preschool Youngsters (HIPPY) U.S.A. program; (4) One (1) member employed as an administrator by a public school district; (5) One (1) member who is a parent of a child who attends a childcare program; (6) One (1) member who is a clinical provider of childhood behavioral and mental health services specializing in prevention and early intervention; and (7) One (1) member representing the Arkansas Association of Colleges for Teacher Education Council of Deans. (c) The members identified in subsection (b) of this section shall serve three-year terms. (d) The remaining membership shall consist of: (1) The Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs or his or her designee; (2) The Chair of the Senate Interim Committee on Children and Youth or his or her designee; (3) The Chair of the House Committee on Education or his or her designee; and (4) The Chair of the Senate Committee on Education or his or her designee. (e) (1) The commission shall meet at least quarterly and at such other times as may be deemed necessary for the performance of the duties of the commission. (2) Special meetings of the commission may be called by the Chair of the Arkansas Early Childhood Commission or by agreement of a majority of the members of the commission. (f) (1) The members of the commission shall serve without compensation or per diem but shall be entitled to reimbursement for actual expenses incurred in the performance of duties as members of the commission. Expense reimbursement shall be in accordance with state travel and official business expense reimbursement procedures and rules. (2) Expense reimbursement shall be paid from funds appropriated to the Division of Child Care and Early Childhood Education for this purpose. (g) The commission shall report annually to the House Committee on Education and the Senate Committee on Education as set out in § 20-78-502 . Amended by Act 2019, No. 315,§ 2296, eff. 7/24/2019. Amended by Act 2017, No. 540,§ 50, eff. 8/1/2017. Amended by Act 2013, No. 403,§ 2, eff. 8/16/2013. Acts 1989, No. 202, § 1; 1997, No. 250, § 207; 1997 No. 1132, § 24; 1999, No. 324, § 1; 1999, No. 1560, § 1; 2001, No. 1288, § 18; 2009, No. 28, § 2; 2011, No. 1121, § 16.

(a) (1) There is hereby established the Arkansas Early Childhood Commission, to be composed of eleven (11) members. (2) The Chair of the Arkansas Early Childhood Commission shall be selected annually by majority vote of the commission.

(1) There is hereby established the Arkansas Early Childhood Commission, to be composed of eleven (11) members.

(2) The Chair of the Arkansas Early Childhood Commission shall be selected annually by majority vote of the commission.

(b) The following members of the commission shall be appointed by the Governor, subject to confirmation by the Senate: (1) One (1) member affiliated with childcare provider agencies, organizations, or programs; (2) One (1) member affiliated with the Arkansas Head Start State Collaboration Office; (3) One (1) member affiliated with a Home Instruction for Parents of Preschool Youngsters (HIPPY) U.S.A. program; (4) One (1) member employed as an administrator by a public school district; (5) One (1) member who is a parent of a child who attends a childcare program; (6) One (1) member who is a clinical provider of childhood behavioral and mental health services specializing in prevention and early intervention; and (7) One (1) member representing the Arkansas Association of Colleges for Teacher Education Council of Deans.

(1) One (1) member affiliated with childcare provider agencies, organizations, or programs;

(2) One (1) member affiliated with the Arkansas Head Start State Collaboration Office;

(3) One (1) member affiliated with a Home Instruction for Parents of Preschool Youngsters (HIPPY) U.S.A. program;

(4) One (1) member employed as an administrator by a public school district;

(5) One (1) member who is a parent of a child who attends a childcare program;

(6) One (1) member who is a clinical provider of childhood behavioral and mental health services specializing in prevention and early intervention; and

(7) One (1) member representing the Arkansas Association of Colleges for Teacher Education Council of Deans.

(c) The members identified in subsection (b) of this section shall serve three-year terms.

(d) The remaining membership shall consist of: (1) The Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs or his or her designee; (2) The Chair of the Senate Interim Committee on Children and Youth or his or her designee; (3) The Chair of the House Committee on Education or his or her designee; and (4) The Chair of the Senate Committee on Education or his or her designee.

(1) The Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs or his or her designee;

(2) The Chair of the Senate Interim Committee on Children and Youth or his or her designee;

(3) The Chair of the House Committee on Education or his or her designee; and

(4) The Chair of the Senate Committee on Education or his or her designee.

(e) (1) The commission shall meet at least quarterly and at such other times as may be deemed necessary for the performance of the duties of the commission. (2) Special meetings of the commission may be called by the Chair of the Arkansas Early Childhood Commission or by agreement of a majority of the members of the commission.

(1) The commission shall meet at least quarterly and at such other times as may be deemed necessary for the performance of the duties of the commission.

(2) Special meetings of the commission may be called by the Chair of the Arkansas Early Childhood Commission or by agreement of a majority of the members of the commission.

(f) (1) The members of the commission shall serve without compensation or per diem but shall be entitled to reimbursement for actual expenses incurred in the performance of duties as members of the commission. Expense reimbursement shall be in accordance with state travel and official business expense reimbursement procedures and rules. (2) Expense reimbursement shall be paid from funds appropriated to the Division of Child Care and Early Childhood Education for this purpose.

(1) The members of the commission shall serve without compensation or per diem but shall be entitled to reimbursement for actual expenses incurred in the performance of duties as members of the commission. Expense reimbursement shall be in accordance with state travel and official business expense reimbursement procedures and rules.

(2) Expense reimbursement shall be paid from funds appropriated to the Division of Child Care and Early Childhood Education for this purpose.

(g) The commission shall report annually to the House Committee on Education and the Senate Committee on Education as set out in § 20-78-502 .

Amended by Act 2019, No. 315,§ 2296, eff. 7/24/2019.

Amended by Act 2017, No. 540,§ 50, eff. 8/1/2017.

Amended by Act 2013, No. 403,§ 2, eff. 8/16/2013.

Acts 1989, No. 202, § 1; 1997, No. 250, § 207; 1997 No. 1132, § 24; 1999, No. 324, § 1; 1999, No. 1560, § 1; 2001, No. 1288, § 18; 2009, No. 28, § 2; 2011, No. 1121, § 16.
Ark. Code Ann. § 20-17-1013 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1013
Permanent maintenance fund generally
Status: in_force

(a) (1) (A) The permanent maintenance fund is a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, and burial rights. (B) The principal of the permanent maintenance fund shall be preserved except for withdrawals allowed under § 20-17-1014(b)(1)(C)(ii) (b) . (2) (A) The net income generated from the investment of the principal of the permanent maintenance fund shall be paid to and expended by the owners, managers, officers, or directors of the cemetery company exclusively for the care and maintenance of the cemetery, including the payment of taxes and administrative expenses of maintaining the fund. (B) A cemetery company may add unused net income to the principal of the permanent maintenance fund. (3) Except as provided in subdivision (a)(4) of this section, the principal of the permanent maintenance fund shall be invested and remain invested in securities and funds permitted by the laws of Arkansas for the investment of policy reserves of life insurance companies under the Arkansas Insurance Code, § 23-60-101 et seq., and in the common trust funds of state or national banks. (4) (A) A permanent maintenance fund having assets of more than two hundred fifty thousand dollars ($250,000) may invest not more than fifty percent (50%) of its assets in nonassessable common stocks listed on a national securities exchange, preferred stocks meeting the requirements of § 23-63-815 , and investment trust securities meeting the requirements of § 23-63-820 . (B) The diversification restrictions of § 23-63-805 do not apply to investments in investment trust securities. (5) In investing these funds, the trustee shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income and capital appreciation as well as the probable safety of the capital. (6) (A) For purposes of this section, no more than fifty percent (50%) of annual realized net capital gains on investments bought or acquired after January 1, 2013, may be considered income and used according to subdivision (a)(2) of this section. (B) All other net capital gains on investments shall be added to the principal. (b) The permanent maintenance fund is authorized by this subchapter, and all sums paid into it or contributed to it shall be deemed to be for charitable and eleemosynary purposes. (c) No rule against perpetuities shall be applicable to funds as mentioned in this section. (d) (1) The trust fund shall be established by executing a written trust agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) (A) The agreement may provide that the cemetery company may change the trustee of its trust fund by amending the agreement if: (i) The successor trustee meets the requirements of § 20-17-1014 ; and (ii) The trustee and successor trustee are parties to the amendment of the agreement. (B) The trustee and successor trustee shall send the board notification of a change in trustee under subdivision (d)(2)(A) of this section within ten (10) calendar days after the change. (e) At a minimum, the trustee shall maintain the following: (1) A general ledger and general journal or comparable books of entry showing all receipts, disbursements, assets, liabilities, and income of the trust fund; (2) Documents supporting and verifying each asset of the trust fund; and (3) A trust agreement. (f) In establishing a permanent maintenance fund, the cemetery company may from time to time adopt plans for the general care and maintenance of its cemetery. (g) (1) No more than one (1) time every ten (10) years, a cemetery company may make a withdrawal from the permanent maintenance fund for the purpose of making infrastructure repairs and capital improvements to the perpetual care cemetery. (2) A withdrawal under subdivision (g)(1) of this section shall not be made without prior approval from the board. Amended by Act 2021, No. 731,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 343,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 44, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 4, eff. 8/16/2013. Acts 1977, No. 352, §§ 13, 14; A.S.A. 1947, §§ 82-426.13, 82-426.14; Acts 2007, No. 240, § 3; 2011, No. 590, § 4.

(a) (1) (A) The permanent maintenance fund is a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, and burial rights. (B) The principal of the permanent maintenance fund shall be preserved except for withdrawals allowed under § 20-17-1014(b)(1)(C)(ii) (b) . (2) (A) The net income generated from the investment of the principal of the permanent maintenance fund shall be paid to and expended by the owners, managers, officers, or directors of the cemetery company exclusively for the care and maintenance of the cemetery, including the payment of taxes and administrative expenses of maintaining the fund. (B) A cemetery company may add unused net income to the principal of the permanent maintenance fund. (3) Except as provided in subdivision (a)(4) of this section, the principal of the permanent maintenance fund shall be invested and remain invested in securities and funds permitted by the laws of Arkansas for the investment of policy reserves of life insurance companies under the Arkansas Insurance Code, § 23-60-101 et seq., and in the common trust funds of state or national banks. (4) (A) A permanent maintenance fund having assets of more than two hundred fifty thousand dollars ($250,000) may invest not more than fifty percent (50%) of its assets in nonassessable common stocks listed on a national securities exchange, preferred stocks meeting the requirements of § 23-63-815 , and investment trust securities meeting the requirements of § 23-63-820 . (B) The diversification restrictions of § 23-63-805 do not apply to investments in investment trust securities. (5) In investing these funds, the trustee shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income and capital appreciation as well as the probable safety of the capital. (6) (A) For purposes of this section, no more than fifty percent (50%) of annual realized net capital gains on investments bought or acquired after January 1, 2013, may be considered income and used according to subdivision (a)(2) of this section. (B) All other net capital gains on investments shall be added to the principal.

(1) (A) The permanent maintenance fund is a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, and burial rights. (B) The principal of the permanent maintenance fund shall be preserved except for withdrawals allowed under § 20-17-1014(b)(1)(C)(ii) (b) .

(A) The permanent maintenance fund is a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, and burial rights.

(B) The principal of the permanent maintenance fund shall be preserved except for withdrawals allowed under § 20-17-1014(b)(1)(C)(ii) (b) .

(2) (A) The net income generated from the investment of the principal of the permanent maintenance fund shall be paid to and expended by the owners, managers, officers, or directors of the cemetery company exclusively for the care and maintenance of the cemetery, including the payment of taxes and administrative expenses of maintaining the fund. (B) A cemetery company may add unused net income to the principal of the permanent maintenance fund.

(A) The net income generated from the investment of the principal of the permanent maintenance fund shall be paid to and expended by the owners, managers, officers, or directors of the cemetery company exclusively for the care and maintenance of the cemetery, including the payment of taxes and administrative expenses of maintaining the fund.

(B) A cemetery company may add unused net income to the principal of the permanent maintenance fund.

(3) Except as provided in subdivision (a)(4) of this section, the principal of the permanent maintenance fund shall be invested and remain invested in securities and funds permitted by the laws of Arkansas for the investment of policy reserves of life insurance companies under the Arkansas Insurance Code, § 23-60-101 et seq., and in the common trust funds of state or national banks.

(4) (A) A permanent maintenance fund having assets of more than two hundred fifty thousand dollars ($250,000) may invest not more than fifty percent (50%) of its assets in nonassessable common stocks listed on a national securities exchange, preferred stocks meeting the requirements of § 23-63-815 , and investment trust securities meeting the requirements of § 23-63-820 . (B) The diversification restrictions of § 23-63-805 do not apply to investments in investment trust securities.

(A) A permanent maintenance fund having assets of more than two hundred fifty thousand dollars ($250,000) may invest not more than fifty percent (50%) of its assets in nonassessable common stocks listed on a national securities exchange, preferred stocks meeting the requirements of § 23-63-815 , and investment trust securities meeting the requirements of § 23-63-820 .

(B) The diversification restrictions of § 23-63-805 do not apply to investments in investment trust securities.

(5) In investing these funds, the trustee shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income and capital appreciation as well as the probable safety of the capital.

(6) (A) For purposes of this section, no more than fifty percent (50%) of annual realized net capital gains on investments bought or acquired after January 1, 2013, may be considered income and used according to subdivision (a)(2) of this section. (B) All other net capital gains on investments shall be added to the principal.

(A) For purposes of this section, no more than fifty percent (50%) of annual realized net capital gains on investments bought or acquired after January 1, 2013, may be considered income and used according to subdivision (a)(2) of this section.

(B) All other net capital gains on investments shall be added to the principal.

(b) The permanent maintenance fund is authorized by this subchapter, and all sums paid into it or contributed to it shall be deemed to be for charitable and eleemosynary purposes.

(c) No rule against perpetuities shall be applicable to funds as mentioned in this section.

(d) (1) The trust fund shall be established by executing a written trust agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) (A) The agreement may provide that the cemetery company may change the trustee of its trust fund by amending the agreement if: (i) The successor trustee meets the requirements of § 20-17-1014 ; and (ii) The trustee and successor trustee are parties to the amendment of the agreement. (B) The trustee and successor trustee shall send the board notification of a change in trustee under subdivision (d)(2)(A) of this section within ten (10) calendar days after the change.

(1) The trust fund shall be established by executing a written trust agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(2) (A) The agreement may provide that the cemetery company may change the trustee of its trust fund by amending the agreement if: (i) The successor trustee meets the requirements of § 20-17-1014 ; and (ii) The trustee and successor trustee are parties to the amendment of the agreement. (B) The trustee and successor trustee shall send the board notification of a change in trustee under subdivision (d)(2)(A) of this section within ten (10) calendar days after the change.

(A) The agreement may provide that the cemetery company may change the trustee of its trust fund by amending the agreement if: (i) The successor trustee meets the requirements of § 20-17-1014 ; and (ii) The trustee and successor trustee are parties to the amendment of the agreement.

(i) The successor trustee meets the requirements of § 20-17-1014 ; and

(ii) The trustee and successor trustee are parties to the amendment of the agreement.

(B) The trustee and successor trustee shall send the board notification of a change in trustee under subdivision (d)(2)(A) of this section within ten (10) calendar days after the change.

(e) At a minimum, the trustee shall maintain the following: (1) A general ledger and general journal or comparable books of entry showing all receipts, disbursements, assets, liabilities, and income of the trust fund; (2) Documents supporting and verifying each asset of the trust fund; and (3) A trust agreement.

(1) A general ledger and general journal or comparable books of entry showing all receipts, disbursements, assets, liabilities, and income of the trust fund;

(2) Documents supporting and verifying each asset of the trust fund; and

(3) A trust agreement.

(f) In establishing a permanent maintenance fund, the cemetery company may from time to time adopt plans for the general care and maintenance of its cemetery.

(g) (1) No more than one (1) time every ten (10) years, a cemetery company may make a withdrawal from the permanent maintenance fund for the purpose of making infrastructure repairs and capital improvements to the perpetual care cemetery. (2) A withdrawal under subdivision (g)(1) of this section shall not be made without prior approval from the board.

(1) No more than one (1) time every ten (10) years, a cemetery company may make a withdrawal from the permanent maintenance fund for the purpose of making infrastructure repairs and capital improvements to the perpetual care cemetery.

(2) A withdrawal under subdivision (g)(1) of this section shall not be made without prior approval from the board.

Amended by Act 2021, No. 731,§ 8, eff. 7/28/2021.

Amended by Act 2021, No. 343,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 44, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 4, eff. 8/16/2013.

Acts 1977, No. 352, §§ 13, 14; A.S.A. 1947, §§ 82-426.13, 82-426.14; Acts 2007, No. 240, § 3; 2011, No. 590, § 4.
Ark. Code Ann. § 20-14-308 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-308
Guide dog and service dog access
Status: in_force

(a) An individual with visual, hearing, or other physical disabilities and his or her guide, signal, or service dog or a dog trainer in the act of training a guide, signal, or service dog shall not be denied admittance to or refused access to the following because of the dog: (1) Any street or highway; (2) Any sidewalk or walkway; (3) Any common carrier, airplane, motor vehicle, railroad train, bus, streetcar, boat, or any other public conveyance or mode of transportation; (4) Any hotel, motel, or other place of lodging; (5) Any public building maintained by any unit or subdivision of government; (6) Any building to which the general public is invited; (7) Any educational facility or college dormitory; (8) Any restaurant or other place where food is offered for sale to the public; or (9) Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Arkansas. (b) The individual with visual, hearing, or other physical disabilities, or dog trainer in the act of training a guide, signal, or service dog shall not be required to pay any additional charges for his or her guide, signal, or service dog but shall be liable for any damage done to the premises by the dog. Acts 2003, No. 1107, § 1.

(a) An individual with visual, hearing, or other physical disabilities and his or her guide, signal, or service dog or a dog trainer in the act of training a guide, signal, or service dog shall not be denied admittance to or refused access to the following because of the dog: (1) Any street or highway; (2) Any sidewalk or walkway; (3) Any common carrier, airplane, motor vehicle, railroad train, bus, streetcar, boat, or any other public conveyance or mode of transportation; (4) Any hotel, motel, or other place of lodging; (5) Any public building maintained by any unit or subdivision of government; (6) Any building to which the general public is invited; (7) Any educational facility or college dormitory; (8) Any restaurant or other place where food is offered for sale to the public; or (9) Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Arkansas.

(1) Any street or highway;

(2) Any sidewalk or walkway;

(3) Any common carrier, airplane, motor vehicle, railroad train, bus, streetcar, boat, or any other public conveyance or mode of transportation;

(4) Any hotel, motel, or other place of lodging;

(5) Any public building maintained by any unit or subdivision of government;

(6) Any building to which the general public is invited;

(7) Any educational facility or college dormitory;

(8) Any restaurant or other place where food is offered for sale to the public; or

(9) Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Arkansas.

(b) The individual with visual, hearing, or other physical disabilities, or dog trainer in the act of training a guide, signal, or service dog shall not be required to pay any additional charges for his or her guide, signal, or service dog but shall be liable for any damage done to the premises by the dog.

Acts 2003, No. 1107, § 1.
Ark. Code Ann. § 20-78-302 — AR Code / Title 20 / Chapter 78 / Subchapter 3 / Section 20-78-302
Authority to enter agreements
Status: in_force

Subject to the conditions and limitations contained in this subchapter, the Division of Children and Family Services of the Department of Human Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing the responsibility to the residents of Arkansas that are in need of regular or therapeutic child care. This includes financial participation, using any funds that are at the division's disposal, to the extent that similar services would be performed within the state. Acts 1997, No. 939, § 2.

Subject to the conditions and limitations contained in this subchapter, the Division of Children and Family Services of the Department of Human Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing the responsibility to the residents of Arkansas that are in need of regular or therapeutic child care. This includes financial participation, using any funds that are at the division's disposal, to the extent that similar services would be performed within the state.

Acts 1997, No. 939, § 2.
Ark. Code Ann. § 20-86-105 — AR Code / Title 20 / Chapter 86 / Section 20-86-105
Proposals
Status: in_force

(a) (1) The Division of Workforce Services shall enter into contracts with one (1) or more fiduciary organizations pursuant to the provisions of this section in such a manner that different regions of the state are served by one (1) or more fiduciary organizations. (2) (A) An organization based in this state which desires to enter into such a contract shall submit a proposal to the division for the right to be approved as a fiduciary organization. (B) Proposals shall be made upon forms prescribed by the division and shall contain such information as the division may require. (b) Organizations' proposals shall be evaluated and contracts awarded by the division on the basis of such items as geographic diversity and an organization's: (1) Ability to market the project to potential account holders; (2) Ability to leverage additional matching and operating funds; (3) Ability to provide safe and secure investments for individual accounts; (4) Overall administrative capacity, including, but not limited to, the certifications or verifications required to assure compliance with eligibility requirements, authorized uses of the accounts, matching contributions by individuals or businesses, and penalties for unauthorized distributions; (5) Capacity to provide financial counseling and other related service to potential participants; (6) Capacity to provide other activities designed to increase the independence of individuals and families through home ownership, small business development, enhanced education and training, saving for retirement, and automobile purchase, or to provide links to such other activities; and (7) Operating costs. (c) (1) For each contract entered into pursuant to the provisions of this section, the contract shall begin no later than October 1 of each year. (2) (A) The fiduciary organization shall use not less than seventy percent (70%) for matching funds and not more than thirty percent (30%) for operating and administrative costs. (B) Administrative costs shall be limited to ten percent (10%) of the contract. (d) Responsibilities of a fiduciary organization shall include, but not be limited to, marketing participation, soliciting matching contributions, counseling project participants, conducting basic economic and financial literacy training and individual development account use training for project participants, and conducting required verification and compliance activities. (e) Neither a fiduciary organization nor an employee of or person associated with a fiduciary organization shall receive anything of value, other than compensation for services, for any act performed in connection with the establishment of an individual development account or in furtherance of the provisions of this subchapter. Amended by Act 2019, No. 910,§ 562, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 561, eff. 7/1/2019. Acts 1999, No. 1217, § 5; 2007, No. 252, § 2.

(a) (1) The Division of Workforce Services shall enter into contracts with one (1) or more fiduciary organizations pursuant to the provisions of this section in such a manner that different regions of the state are served by one (1) or more fiduciary organizations. (2) (A) An organization based in this state which desires to enter into such a contract shall submit a proposal to the division for the right to be approved as a fiduciary organization. (B) Proposals shall be made upon forms prescribed by the division and shall contain such information as the division may require.

(1) The Division of Workforce Services shall enter into contracts with one (1) or more fiduciary organizations pursuant to the provisions of this section in such a manner that different regions of the state are served by one (1) or more fiduciary organizations.

(2) (A) An organization based in this state which desires to enter into such a contract shall submit a proposal to the division for the right to be approved as a fiduciary organization. (B) Proposals shall be made upon forms prescribed by the division and shall contain such information as the division may require.

(A) An organization based in this state which desires to enter into such a contract shall submit a proposal to the division for the right to be approved as a fiduciary organization.

(B) Proposals shall be made upon forms prescribed by the division and shall contain such information as the division may require.

(b) Organizations' proposals shall be evaluated and contracts awarded by the division on the basis of such items as geographic diversity and an organization's: (1) Ability to market the project to potential account holders; (2) Ability to leverage additional matching and operating funds; (3) Ability to provide safe and secure investments for individual accounts; (4) Overall administrative capacity, including, but not limited to, the certifications or verifications required to assure compliance with eligibility requirements, authorized uses of the accounts, matching contributions by individuals or businesses, and penalties for unauthorized distributions; (5) Capacity to provide financial counseling and other related service to potential participants; (6) Capacity to provide other activities designed to increase the independence of individuals and families through home ownership, small business development, enhanced education and training, saving for retirement, and automobile purchase, or to provide links to such other activities; and (7) Operating costs.

(1) Ability to market the project to potential account holders;

(2) Ability to leverage additional matching and operating funds;

(3) Ability to provide safe and secure investments for individual accounts;

(4) Overall administrative capacity, including, but not limited to, the certifications or verifications required to assure compliance with eligibility requirements, authorized uses of the accounts, matching contributions by individuals or businesses, and penalties for unauthorized distributions;

(5) Capacity to provide financial counseling and other related service to potential participants;

(6) Capacity to provide other activities designed to increase the independence of individuals and families through home ownership, small business development, enhanced education and training, saving for retirement, and automobile purchase, or to provide links to such other activities; and

(7) Operating costs.

(c) (1) For each contract entered into pursuant to the provisions of this section, the contract shall begin no later than October 1 of each year. (2) (A) The fiduciary organization shall use not less than seventy percent (70%) for matching funds and not more than thirty percent (30%) for operating and administrative costs. (B) Administrative costs shall be limited to ten percent (10%) of the contract.

(1) For each contract entered into pursuant to the provisions of this section, the contract shall begin no later than October 1 of each year.

(2) (A) The fiduciary organization shall use not less than seventy percent (70%) for matching funds and not more than thirty percent (30%) for operating and administrative costs. (B) Administrative costs shall be limited to ten percent (10%) of the contract.

(A) The fiduciary organization shall use not less than seventy percent (70%) for matching funds and not more than thirty percent (30%) for operating and administrative costs.

(B) Administrative costs shall be limited to ten percent (10%) of the contract.

(d) Responsibilities of a fiduciary organization shall include, but not be limited to, marketing participation, soliciting matching contributions, counseling project participants, conducting basic economic and financial literacy training and individual development account use training for project participants, and conducting required verification and compliance activities.

(e) Neither a fiduciary organization nor an employee of or person associated with a fiduciary organization shall receive anything of value, other than compensation for services, for any act performed in connection with the establishment of an individual development account or in furtherance of the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 562, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 561, eff. 7/1/2019.

Acts 1999, No. 1217, § 5; 2007, No. 252, § 2.
Ark. Code Ann. § 20-13-304 — AR Code / Title 20 / Chapter 13 / Subchapter 3 / Section 20-13-304
Referendum - Effective date of ordinance
Status: in_force

(a) Within ten (10) days after the enactment of the ordinance, a copy of the ordinance in its entirety shall be published in a newspaper of general circulation in the county or in the designated area. (b) The ordinance shall be subject to the referendum which may be exercised in the manner prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant to Arkansas Constitution, Amendment 7, and the ordinance shall not be effective until the expiration of the time prescribed by the Arkansas Constitution and laws for the filing of referendum petitions. (c) (1) If at the expiration of the period for filing referendum petitions no petitions have been filed, the ordinance shall become effective. (2) If referendum petitions have been filed, the ordinance shall be held in abeyance until the election thereon is conducted and the results determined. (d) (1) If at the election a majority of the qualified electors of the county or the designated area voting on the question vote for the ordinance, it shall become effective. (2) If a majority of the qualified electors voting on the question at the election vote against the ordinance, it shall be deemed rejected and shall have no force or effect. Acts 1979, No. 51, § 3; 1980 (1st Ex. Sess.), No. 40, § 1; 1980 (1st Ex. Sess.), No. 68, § 1; A.S.A. 1947, § 82-3412.

(a) Within ten (10) days after the enactment of the ordinance, a copy of the ordinance in its entirety shall be published in a newspaper of general circulation in the county or in the designated area.

(b) The ordinance shall be subject to the referendum which may be exercised in the manner prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant to Arkansas Constitution, Amendment 7, and the ordinance shall not be effective until the expiration of the time prescribed by the Arkansas Constitution and laws for the filing of referendum petitions.

(c) (1) If at the expiration of the period for filing referendum petitions no petitions have been filed, the ordinance shall become effective. (2) If referendum petitions have been filed, the ordinance shall be held in abeyance until the election thereon is conducted and the results determined.

(1) If at the expiration of the period for filing referendum petitions no petitions have been filed, the ordinance shall become effective.

(2) If referendum petitions have been filed, the ordinance shall be held in abeyance until the election thereon is conducted and the results determined.

(d) (1) If at the election a majority of the qualified electors of the county or the designated area voting on the question vote for the ordinance, it shall become effective. (2) If a majority of the qualified electors voting on the question at the election vote against the ordinance, it shall be deemed rejected and shall have no force or effect.

(1) If at the election a majority of the qualified electors of the county or the designated area voting on the question vote for the ordinance, it shall become effective.

(2) If a majority of the qualified electors voting on the question at the election vote against the ordinance, it shall be deemed rejected and shall have no force or effect.

Acts 1979, No. 51, § 3; 1980 (1st Ex. Sess.), No. 40, § 1; 1980 (1st Ex. Sess.), No. 68, § 1; A.S.A. 1947, § 82-3412.
Ark. Code Ann. § 20-16-607 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-607
In custody or guardianship of state
Status: in_force

(a) A state agency shall not: (1) Consent to or approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state; or (2) Authorize the expenditure of state funds for the purpose of paying for the termination of a pregnancy for a pregnant woman in the custody of the state except to save the life of the pregnant woman, or as required by federal law. (b) A pregnant woman in the custody or guardianship of the state, her family, or a third-party payer is responsible for all costs, including transportation costs, associated with a medical appointment, or any subsequent healthcare service determined necessary, related to the termination of her pregnancy, except as required by federal law. (c) A state agency may be involved in a court proceeding related to the consideration by the court of whether to approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state. (d) A state agency under this section shall report annually to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor the number of any terminations of pregnancies that occurred for women in the custody or guardianship of the state agency. (e) (1) A state agency under this section shall promulgate rules necessary to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) A state agency shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. Added by Act 2019, No. 1057,§ 1, eff. 7/24/2019.

(a) A state agency shall not: (1) Consent to or approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state; or (2) Authorize the expenditure of state funds for the purpose of paying for the termination of a pregnancy for a pregnant woman in the custody of the state except to save the life of the pregnant woman, or as required by federal law.

(1) Consent to or approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state; or

(2) Authorize the expenditure of state funds for the purpose of paying for the termination of a pregnancy for a pregnant woman in the custody of the state except to save the life of the pregnant woman, or as required by federal law.

(b) A pregnant woman in the custody or guardianship of the state, her family, or a third-party payer is responsible for all costs, including transportation costs, associated with a medical appointment, or any subsequent healthcare service determined necessary, related to the termination of her pregnancy, except as required by federal law.

(c) A state agency may be involved in a court proceeding related to the consideration by the court of whether to approve the termination of a pregnancy for a pregnant woman in the custody or guardianship of the state.

(d) A state agency under this section shall report annually to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor the number of any terminations of pregnancies that occurred for women in the custody or guardianship of the state agency.

(e) (1) A state agency under this section shall promulgate rules necessary to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) A state agency shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(1) A state agency under this section shall promulgate rules necessary to implement this section.

(2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) A state agency shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(i) On or before January 1, 2020; or

(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(B) A state agency shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Added by Act 2019, No. 1057,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-19-501 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-501
Definitions
Status: in_force

As used in this subchapter: (1) "Large carnivore" means any live individual of those species of animals that are inherently dangerous to humans, including: (A) Bears; (B) Lions; and (C) Tigers; (2) "Possessor" means a person who owns, keeps, or has custody or control of a large carnivore; and (3) (A) "Wildlife sanctuary" means a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code as it existed on January 1, 2005, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced large carnivores are provided care for their lifetimes. (B) "Wildlife sanctuary" does not mean a place that: (i) Conducts any activity that is not inherent to the large carnivore's nature; (ii) Uses the large carnivore for any type of entertainment; (iii) Sells, trades, or barters the large carnivore or the large carnivore's body parts; or (iv) Breeds the large carnivore for purposes of sale. Acts 2005, No. 2226, § 1; 2007, No. 827, § 165.

As used in this subchapter:

(1) "Large carnivore" means any live individual of those species of animals that are inherently dangerous to humans, including: (A) Bears; (B) Lions; and (C) Tigers;

(A) Bears;

(B) Lions; and

(C) Tigers;

(2) "Possessor" means a person who owns, keeps, or has custody or control of a large carnivore; and

(3) (A) "Wildlife sanctuary" means a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code as it existed on January 1, 2005, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced large carnivores are provided care for their lifetimes. (B) "Wildlife sanctuary" does not mean a place that: (i) Conducts any activity that is not inherent to the large carnivore's nature; (ii) Uses the large carnivore for any type of entertainment; (iii) Sells, trades, or barters the large carnivore or the large carnivore's body parts; or (iv) Breeds the large carnivore for purposes of sale.

(A) "Wildlife sanctuary" means a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code as it existed on January 1, 2005, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced large carnivores are provided care for their lifetimes.

(B) "Wildlife sanctuary" does not mean a place that: (i) Conducts any activity that is not inherent to the large carnivore's nature; (ii) Uses the large carnivore for any type of entertainment; (iii) Sells, trades, or barters the large carnivore or the large carnivore's body parts; or (iv) Breeds the large carnivore for purposes of sale.

(i) Conducts any activity that is not inherent to the large carnivore's nature;

(ii) Uses the large carnivore for any type of entertainment;

(iii) Sells, trades, or barters the large carnivore or the large carnivore's body parts; or

(iv) Breeds the large carnivore for purposes of sale.

Acts 2005, No. 2226, § 1; 2007, No. 827, § 165.
Ark. Code Ann. § 20-16-805 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-805
Manner of consent
Status: in_force

(a) A physician shall not perform an abortion upon a pregnant woman unless: (1) In the case of a woman who is less than eighteen (18) years of age, he or she obtains the notarized written consent of both the pregnant woman and one (1) of her parents or her legal guardian; or (2) In the case of woman who is an incompetent person, the physician first obtains the notarized written consent of her legal guardian. (b) The notarized written consent shall include without limitation the following information: (1) The name and birthdate of the minor or incompetent woman; (2) The name of the parent or legal guardian; (3) A statement from the parent or legal guardian that he or she is aware that the minor or incompetent woman desires an abortion and that he or she does consent to the abortion; and (4) The date. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) A physician shall not perform an abortion upon a pregnant woman unless: (1) In the case of a woman who is less than eighteen (18) years of age, he or she obtains the notarized written consent of both the pregnant woman and one (1) of her parents or her legal guardian; or (2) In the case of woman who is an incompetent person, the physician first obtains the notarized written consent of her legal guardian.

(1) In the case of a woman who is less than eighteen (18) years of age, he or she obtains the notarized written consent of both the pregnant woman and one (1) of her parents or her legal guardian; or

(2) In the case of woman who is an incompetent person, the physician first obtains the notarized written consent of her legal guardian.

(b) The notarized written consent shall include without limitation the following information: (1) The name and birthdate of the minor or incompetent woman; (2) The name of the parent or legal guardian; (3) A statement from the parent or legal guardian that he or she is aware that the minor or incompetent woman desires an abortion and that he or she does consent to the abortion; and (4) The date.

(1) The name and birthdate of the minor or incompetent woman;

(2) The name of the parent or legal guardian;

(3) A statement from the parent or legal guardian that he or she is aware that the minor or incompetent woman desires an abortion and that he or she does consent to the abortion; and

(4) The date.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-27-602 — AR Code / Title 20 / Chapter 27 / Subchapter 6 / Section 20-27-602
Definitions
Status: in_force

As used in this subchapter: (1) [Repealed.] (2) [Repealed.] (3) [Repealed.] (4) "Dwelling" means a structure, all or part of which is designed or used for or in connection with human habitation, including garages, carports, sheds, fences, and gates; (5) "Dwelling unit" means any room, group of rooms, or other interior area of a structure designed or used for human habitation; (6) "Exposed surface" means all interior surfaces of a dwelling or dwelling unit and those exterior surfaces which are readily accessible to children under six (6) years of age, such as stairs, porches, railings, windows, doors, facings, sills, and siding; (7) "Lead-bearing substance" means any paint, lacquer, glaze, or other applied surface coatings, putty, plaster, structural material, or similar substance which contains more than five-tenths of one percent (0.5%) lead metal by weight in the total nonvolatile contents of the substance, or any such substance containing an amount of lead metal not to exceed five-tenths of one percent (0.5%) as hereafter may be established by federal law or regulation; (8) "Occupant" or "tenant" means any person living, sleeping, cooking, eating in, or having actual possession of a dwelling or dwelling unit; (9) "Owner" means any person who alone, jointly, or severally with others has legal title to, charge, care, or control of any dwelling or dwelling unit as owner, as agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner; and (10) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision, or combination thereof or any agent or representative of the foregoing. Amended by Act 2019, No. 389,§ 44, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5029, eff. 7/1/2019. Acts 1979, No. 896, § 2; A.S.A. 1947, § 82-738.

As used in this subchapter:

(1) [Repealed.]

(2) [Repealed.]

(3) [Repealed.]

(4) "Dwelling" means a structure, all or part of which is designed or used for or in connection with human habitation, including garages, carports, sheds, fences, and gates;

(5) "Dwelling unit" means any room, group of rooms, or other interior area of a structure designed or used for human habitation;

(6) "Exposed surface" means all interior surfaces of a dwelling or dwelling unit and those exterior surfaces which are readily accessible to children under six (6) years of age, such as stairs, porches, railings, windows, doors, facings, sills, and siding;

(7) "Lead-bearing substance" means any paint, lacquer, glaze, or other applied surface coatings, putty, plaster, structural material, or similar substance which contains more than five-tenths of one percent (0.5%) lead metal by weight in the total nonvolatile contents of the substance, or any such substance containing an amount of lead metal not to exceed five-tenths of one percent (0.5%) as hereafter may be established by federal law or regulation;

(8) "Occupant" or "tenant" means any person living, sleeping, cooking, eating in, or having actual possession of a dwelling or dwelling unit;

(9) "Owner" means any person who alone, jointly, or severally with others has legal title to, charge, care, or control of any dwelling or dwelling unit as owner, as agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner; and

(10) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision, or combination thereof or any agent or representative of the foregoing.

Amended by Act 2019, No. 389,§ 44, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5029, eff. 7/1/2019.

Acts 1979, No. 896, § 2; A.S.A. 1947, § 82-738.
Ark. Code Ann. § 20-7-606 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-606
Confidentiality
Status: in_force

(a) Prescription information submitted to the Department of Health under this subchapter is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) (1) The controlled substances database created in this subchapter and all information contained in the controlled substances database and any records maintained by the Department of Health or by an entity contracting with the Department of Health that is submitted to, maintained, or stored as a part of the controlled substances database is privileged and confidential, is not a public record, and is not subject to subpoena or discovery in a civil proceeding. (2) Information in the controlled substances database may be accessed by: (A) A certified law enforcement officer pursuant to a criminal investigation but only after the law enforcement officer obtains a search warrant signed by a judge that demonstrates probable cause to believe that a violation of federal or state criminal law has occurred, that specified information contained in the database would assist in the investigation of the crime, and that the specified information should be released to the certified law enforcement officer; (B) A regulatory body engaged in the supervision of activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances; (C) A person or entity investigating a case involving breaches of privacy involving the database or its records; (D) A certified law enforcement prescription drug diversion investigator of a qualified law enforcement agency; (E) A practitioner within the Arkansas Medicaid prescription drug program; (F) The Department of Human Services or the Crimes Against Children Division if: (i) The purpose of the database access is related to an investigation under the Child Maltreatment Act, § 12-18-101 et seq., and not pursuant to a criminal investigation by a certified law enforcement officer; and (ii) The Department of Human Services has obtained a circuit court order to access the database under § 12-18-622 ; (G) The Office of Medicaid Inspector General for review and investigation of fraud, waste, and abuse within the Arkansas Medicaid prescription drug program if access is limited to beneficiaries of the Arkansas Medicaid prescription drug program; or (H) The State Medical Examiner as authorized by law to investigate causes of deaths for cases under investigation pursuant to his or her official duties and responsibilities. (c) This section does not apply to information, documents, or records created or maintained in the regular course of business of a pharmacy, a medical, dental, optometric, or veterinary practitioner, or another entity covered by this subchapter, and all information, documents, or records otherwise available from original sources are not immune from discovery or use in a civil proceeding merely because the information contained in the records was reported to the controlled substances database under this subchapter. (d) The Department of Health shall establish and enforce policies and procedures to ensure that the privacy and confidentiality of patients are maintained and that patient information collected, recorded, transmitted, and stored is protected and not disclosed to persons except as listed in § 20-7-607 . (e) The Prescription Drug Monitoring Program shall establish and maintain a process for verifying the credentials and authorizing the use of prescription information by individuals and agencies listed in § 20-7-607 . Amended by Act 2023, No. 67,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 141,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 46,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1161,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 901,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 1090,§ 2, eff. 8/16/2013. Acts 2011, No. 304, § 1.

(a) Prescription information submitted to the Department of Health under this subchapter is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) (1) The controlled substances database created in this subchapter and all information contained in the controlled substances database and any records maintained by the Department of Health or by an entity contracting with the Department of Health that is submitted to, maintained, or stored as a part of the controlled substances database is privileged and confidential, is not a public record, and is not subject to subpoena or discovery in a civil proceeding. (2) Information in the controlled substances database may be accessed by: (A) A certified law enforcement officer pursuant to a criminal investigation but only after the law enforcement officer obtains a search warrant signed by a judge that demonstrates probable cause to believe that a violation of federal or state criminal law has occurred, that specified information contained in the database would assist in the investigation of the crime, and that the specified information should be released to the certified law enforcement officer; (B) A regulatory body engaged in the supervision of activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances; (C) A person or entity investigating a case involving breaches of privacy involving the database or its records; (D) A certified law enforcement prescription drug diversion investigator of a qualified law enforcement agency; (E) A practitioner within the Arkansas Medicaid prescription drug program; (F) The Department of Human Services or the Crimes Against Children Division if: (i) The purpose of the database access is related to an investigation under the Child Maltreatment Act, § 12-18-101 et seq., and not pursuant to a criminal investigation by a certified law enforcement officer; and (ii) The Department of Human Services has obtained a circuit court order to access the database under § 12-18-622 ; (G) The Office of Medicaid Inspector General for review and investigation of fraud, waste, and abuse within the Arkansas Medicaid prescription drug program if access is limited to beneficiaries of the Arkansas Medicaid prescription drug program; or (H) The State Medical Examiner as authorized by law to investigate causes of deaths for cases under investigation pursuant to his or her official duties and responsibilities.

(1) The controlled substances database created in this subchapter and all information contained in the controlled substances database and any records maintained by the Department of Health or by an entity contracting with the Department of Health that is submitted to, maintained, or stored as a part of the controlled substances database is privileged and confidential, is not a public record, and is not subject to subpoena or discovery in a civil proceeding.

(2) Information in the controlled substances database may be accessed by: (A) A certified law enforcement officer pursuant to a criminal investigation but only after the law enforcement officer obtains a search warrant signed by a judge that demonstrates probable cause to believe that a violation of federal or state criminal law has occurred, that specified information contained in the database would assist in the investigation of the crime, and that the specified information should be released to the certified law enforcement officer; (B) A regulatory body engaged in the supervision of activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances; (C) A person or entity investigating a case involving breaches of privacy involving the database or its records; (D) A certified law enforcement prescription drug diversion investigator of a qualified law enforcement agency; (E) A practitioner within the Arkansas Medicaid prescription drug program; (F) The Department of Human Services or the Crimes Against Children Division if: (i) The purpose of the database access is related to an investigation under the Child Maltreatment Act, § 12-18-101 et seq., and not pursuant to a criminal investigation by a certified law enforcement officer; and (ii) The Department of Human Services has obtained a circuit court order to access the database under § 12-18-622 ; (G) The Office of Medicaid Inspector General for review and investigation of fraud, waste, and abuse within the Arkansas Medicaid prescription drug program if access is limited to beneficiaries of the Arkansas Medicaid prescription drug program; or (H) The State Medical Examiner as authorized by law to investigate causes of deaths for cases under investigation pursuant to his or her official duties and responsibilities.

(A) A certified law enforcement officer pursuant to a criminal investigation but only after the law enforcement officer obtains a search warrant signed by a judge that demonstrates probable cause to believe that a violation of federal or state criminal law has occurred, that specified information contained in the database would assist in the investigation of the crime, and that the specified information should be released to the certified law enforcement officer;

(B) A regulatory body engaged in the supervision of activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances;

(C) A person or entity investigating a case involving breaches of privacy involving the database or its records;

(D) A certified law enforcement prescription drug diversion investigator of a qualified law enforcement agency;

(E) A practitioner within the Arkansas Medicaid prescription drug program;

(F) The Department of Human Services or the Crimes Against Children Division if: (i) The purpose of the database access is related to an investigation under the Child Maltreatment Act, § 12-18-101 et seq., and not pursuant to a criminal investigation by a certified law enforcement officer; and (ii) The Department of Human Services has obtained a circuit court order to access the database under § 12-18-622 ;

(i) The purpose of the database access is related to an investigation under the Child Maltreatment Act, § 12-18-101 et seq., and not pursuant to a criminal investigation by a certified law enforcement officer; and

(ii) The Department of Human Services has obtained a circuit court order to access the database under § 12-18-622 ;

(G) The Office of Medicaid Inspector General for review and investigation of fraud, waste, and abuse within the Arkansas Medicaid prescription drug program if access is limited to beneficiaries of the Arkansas Medicaid prescription drug program; or

(H) The State Medical Examiner as authorized by law to investigate causes of deaths for cases under investigation pursuant to his or her official duties and responsibilities.

(c) This section does not apply to information, documents, or records created or maintained in the regular course of business of a pharmacy, a medical, dental, optometric, or veterinary practitioner, or another entity covered by this subchapter, and all information, documents, or records otherwise available from original sources are not immune from discovery or use in a civil proceeding merely because the information contained in the records was reported to the controlled substances database under this subchapter.

(d) The Department of Health shall establish and enforce policies and procedures to ensure that the privacy and confidentiality of patients are maintained and that patient information collected, recorded, transmitted, and stored is protected and not disclosed to persons except as listed in § 20-7-607 .

(e) The Prescription Drug Monitoring Program shall establish and maintain a process for verifying the credentials and authorizing the use of prescription information by individuals and agencies listed in § 20-7-607 .

Amended by Act 2023, No. 67,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 141,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 46,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1161,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 901,§ 3, eff. 7/22/2015.

Amended by Act 2013, No. 1090,§ 2, eff. 8/16/2013.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-26-303 — AR Code / Title 20 / Chapter 26 / Subchapter 3 / Section 20-26-303
Nature of liability - Monetary limits
Status: in_force

The liability of the keeper of any inn or hotel, whether individual, partnership, or corporation, for loss of, or injury to, personal property placed by his or her guest under his or her care, other than that described in the preceding sections, shall be that of a depository for hire, except that in case the loss or injury is caused by fire, explosion, vehicle damage, or aircraft damage not intentionally produced by the innkeeper or his or her servants, or by acts of God, the innkeeper shall not be liable, unless the loss is intentionally or negligently caused by the innkeeper or his or her servants. In no case shall liability exceed the sum of three hundred dollars ($300) for each trunk and its contents, one hundred dollars ($100) for each valise and its contents, and twenty-five dollars ($25.00) for each box, bundle, or package and its contents, so placed under his or her care, and all other miscellaneous effects including wearing apparel and personal belongings, one hundred dollars ($100), unless he or she shall have consented in writing with the guest to assume a definite liability. Acts 1913, No. 217, § 2b; C. & M. Dig., § 5567; Pope's Dig., § 7205; Acts 1975, No. 838, § 1; A.S.A. 1947, § 71-1110.

The liability of the keeper of any inn or hotel, whether individual, partnership, or corporation, for loss of, or injury to, personal property placed by his or her guest under his or her care, other than that described in the preceding sections, shall be that of a depository for hire, except that in case the loss or injury is caused by fire, explosion, vehicle damage, or aircraft damage not intentionally produced by the innkeeper or his or her servants, or by acts of God, the innkeeper shall not be liable, unless the loss is intentionally or negligently caused by the innkeeper or his or her servants. In no case shall liability exceed the sum of three hundred dollars ($300) for each trunk and its contents, one hundred dollars ($100) for each valise and its contents, and twenty-five dollars ($25.00) for each box, bundle, or package and its contents, so placed under his or her care, and all other miscellaneous effects including wearing apparel and personal belongings, one hundred dollars ($100), unless he or she shall have consented in writing with the guest to assume a definite liability.

Acts 1913, No. 217, § 2b; C. & M. Dig., § 5567; Pope's Dig., § 7205; Acts 1975, No. 838, § 1; A.S.A. 1947, § 71-1110.
Ark. Code Ann. § 20-77-1906 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1906
Quarterly notice and collection
Status: in_force

(a) (1) The annual assessment imposed under § 20-77-1902 shall be due and payable on a quarterly basis. (2) However, an installment payment of an assessment imposed by § 20-77-1902 shall not be due and payable until: (A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-1907(a) stating that the payment methodologies to hospitals required under § 20-77-1908 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-1902 , if necessary, has been granted by the Centers for Medicare & Medicaid Services; (B) The thirty-day verification period required by § 20-77-1907(b) has expired; and (C) The division has made all quarterly installments of inpatient and outpatient hospital access payments that were otherwise due under § 20-77-1908 consistent with the effective date of the approved state plan amendment and waiver. (3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by § 20-77-1902 shall be due and payable within ten (10) business days after the hospital has received its inpatient and outpatient hospital access payments due under § 20-77-1908 for the applicable quarter. (b) The payment by the hospital of the assessment created in this subchapter shall be reported as an allowable cost for Medicaid reimbursement purposes. (c) (1) If a hospital fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment: (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (c)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts. (2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment. (3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit and reasonable attorney's fees. Acts 2009, No. 562, § 1; 2011, No. 19, § 3.

(a) (1) The annual assessment imposed under § 20-77-1902 shall be due and payable on a quarterly basis. (2) However, an installment payment of an assessment imposed by § 20-77-1902 shall not be due and payable until: (A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-1907(a) stating that the payment methodologies to hospitals required under § 20-77-1908 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-1902 , if necessary, has been granted by the Centers for Medicare & Medicaid Services; (B) The thirty-day verification period required by § 20-77-1907(b) has expired; and (C) The division has made all quarterly installments of inpatient and outpatient hospital access payments that were otherwise due under § 20-77-1908 consistent with the effective date of the approved state plan amendment and waiver. (3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by § 20-77-1902 shall be due and payable within ten (10) business days after the hospital has received its inpatient and outpatient hospital access payments due under § 20-77-1908 for the applicable quarter.

(1) The annual assessment imposed under § 20-77-1902 shall be due and payable on a quarterly basis.

(2) However, an installment payment of an assessment imposed by § 20-77-1902 shall not be due and payable until: (A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-1907(a) stating that the payment methodologies to hospitals required under § 20-77-1908 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-1902 , if necessary, has been granted by the Centers for Medicare & Medicaid Services; (B) The thirty-day verification period required by § 20-77-1907(b) has expired; and (C) The division has made all quarterly installments of inpatient and outpatient hospital access payments that were otherwise due under § 20-77-1908 consistent with the effective date of the approved state plan amendment and waiver.

(A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-1907(a) stating that the payment methodologies to hospitals required under § 20-77-1908 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-1902 , if necessary, has been granted by the Centers for Medicare & Medicaid Services;

(B) The thirty-day verification period required by § 20-77-1907(b) has expired; and

(C) The division has made all quarterly installments of inpatient and outpatient hospital access payments that were otherwise due under § 20-77-1908 consistent with the effective date of the approved state plan amendment and waiver.

(3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by § 20-77-1902 shall be due and payable within ten (10) business days after the hospital has received its inpatient and outpatient hospital access payments due under § 20-77-1908 for the applicable quarter.

(b) The payment by the hospital of the assessment created in this subchapter shall be reported as an allowable cost for Medicaid reimbursement purposes.

(c) (1) If a hospital fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment: (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (c)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts. (2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment. (3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit and reasonable attorney's fees.

(1) If a hospital fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment: (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (c)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.

(A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and

(B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (c)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.

(2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.

(3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit and reasonable attorney's fees.

Acts 2009, No. 562, § 1; 2011, No. 19, § 3.
Ark. Code Ann. § 20-17-1115 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1115
Issuance of notes
Status: in_force

(a) In order to acquire equipment and to do the work, the board of commissioners may issue the negotiable notes of the district signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum and may pledge and mortgage a portion of future annual benefit assessments as collected for the payment thereof. (b) Any petitions for the creation of a district and the court order creating the district shall limit the total amount of notes that may be outstanding at any one (1) time in excess of ten thousand dollars ($10,000). (c) The district shall have no authority to issue bonds. Acts 1957, No. 318, § 11; A.S.A. 1947, § 20-1311.

(a) In order to acquire equipment and to do the work, the board of commissioners may issue the negotiable notes of the district signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum and may pledge and mortgage a portion of future annual benefit assessments as collected for the payment thereof.

(b) Any petitions for the creation of a district and the court order creating the district shall limit the total amount of notes that may be outstanding at any one (1) time in excess of ten thousand dollars ($10,000).

(c) The district shall have no authority to issue bonds.

Acts 1957, No. 318, § 11; A.S.A. 1947, § 20-1311.
Ark. Code Ann. § 20-27-502 — AR Code / Title 20 / Chapter 27 / Subchapter 5 / Section 20-27-502
Standards
Status: in_force

Eyeglasses sold or prescribed in this state as impact-resistant eyeglasses shall meet the following minimum standards: (1) If the lenses of the eyeglasses are made of glass, the lenses shall be capable of withstanding the impact of a five-eighths inch (5/8") steel ball dropped from a height of fifty inches (50"); and (2) (A) When plastic materials are used in the construction of ophthalmic lenses or frames, the material shall be slow burning. (B) Cellulose nitrate or materials having flammability characteristics approximating those of cellulose nitrate shall not be used. (C) Flammability of the materials shall be no greater than that exhibited by cellulose acetate or acetate butyrate. Acts 1969, No. 225, § 2; A.S.A. 1947, § 72-821.

Eyeglasses sold or prescribed in this state as impact-resistant eyeglasses shall meet the following minimum standards:

(1) If the lenses of the eyeglasses are made of glass, the lenses shall be capable of withstanding the impact of a five-eighths inch (5/8") steel ball dropped from a height of fifty inches (50"); and

(2) (A) When plastic materials are used in the construction of ophthalmic lenses or frames, the material shall be slow burning. (B) Cellulose nitrate or materials having flammability characteristics approximating those of cellulose nitrate shall not be used. (C) Flammability of the materials shall be no greater than that exhibited by cellulose acetate or acetate butyrate.

(A) When plastic materials are used in the construction of ophthalmic lenses or frames, the material shall be slow burning.

(B) Cellulose nitrate or materials having flammability characteristics approximating those of cellulose nitrate shall not be used.

(C) Flammability of the materials shall be no greater than that exhibited by cellulose acetate or acetate butyrate.

Acts 1969, No. 225, § 2; A.S.A. 1947, § 72-821.
Ark. Code Ann. § 20-23-306 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-306
Issuance
Status: in_force

(a) (1) Upon receipt by the Boiler Inspection Division of an annual or biennial certificate report of inspection from a state inspector or from an inspector employed by an insurance company that a boiler or pressure vessel is in safe working condition with the required fittings, valves, and appliances properly installed and set, the Director of the Division of Labor shall issue to the owner of the boiler or pressure vessel a certificate of inspection. (2) The certificate of inspection shall be issued upon payment of a fee of fifteen dollars ($15.00) in cases of all boilers other than unfired pressure vessels and a fee of thirty dollars ($30.00) in cases of unfired pressure vessels. (3) The certificate of inspection shall state the maximum pressure at which the boiler or pressure vessel may be operated as may be determined by the rules adopted by the Boiler Inspection Division, as provided in this chapter. (b) Upon receipt of a certificate of inspection under subsection (a) of this section, unless the certificate of inspection is withdrawn or suspended the owner or user may operate boilers: (1) Other than unfired pressure vessels described in the certificate for one (1) year from the date of annual inspection plus any extension granted under § 20-23-203(a) of the time for the next annual inspection; and (2) That are unfired pressure vessels for two (2) years from the date of biennial inspection. (c) Any owner or operator of a boiler or pressure vessel who is dissatisfied with the result of an inspection made by an inspector employed by an insurance company may appeal to the Chief Inspector of the Boiler Inspection Division, who shall cause a special investigation to be conducted and, upon the report of the inspection, shall render his or her decision, the decision to be final. Amended by Act 2019, No. 910,§ 5457, eff. 7/1/2019. Amended by Act 2015, No. 95,§ 2, eff. 7/22/2015. Acts 1961, No. 494, § 3; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1999, No. 982, § 12; 2003, No. 1184, § 1.

(a) (1) Upon receipt by the Boiler Inspection Division of an annual or biennial certificate report of inspection from a state inspector or from an inspector employed by an insurance company that a boiler or pressure vessel is in safe working condition with the required fittings, valves, and appliances properly installed and set, the Director of the Division of Labor shall issue to the owner of the boiler or pressure vessel a certificate of inspection. (2) The certificate of inspection shall be issued upon payment of a fee of fifteen dollars ($15.00) in cases of all boilers other than unfired pressure vessels and a fee of thirty dollars ($30.00) in cases of unfired pressure vessels. (3) The certificate of inspection shall state the maximum pressure at which the boiler or pressure vessel may be operated as may be determined by the rules adopted by the Boiler Inspection Division, as provided in this chapter.

(1) Upon receipt by the Boiler Inspection Division of an annual or biennial certificate report of inspection from a state inspector or from an inspector employed by an insurance company that a boiler or pressure vessel is in safe working condition with the required fittings, valves, and appliances properly installed and set, the Director of the Division of Labor shall issue to the owner of the boiler or pressure vessel a certificate of inspection.

(2) The certificate of inspection shall be issued upon payment of a fee of fifteen dollars ($15.00) in cases of all boilers other than unfired pressure vessels and a fee of thirty dollars ($30.00) in cases of unfired pressure vessels.

(3) The certificate of inspection shall state the maximum pressure at which the boiler or pressure vessel may be operated as may be determined by the rules adopted by the Boiler Inspection Division, as provided in this chapter.

(b) Upon receipt of a certificate of inspection under subsection (a) of this section, unless the certificate of inspection is withdrawn or suspended the owner or user may operate boilers: (1) Other than unfired pressure vessels described in the certificate for one (1) year from the date of annual inspection plus any extension granted under § 20-23-203(a) of the time for the next annual inspection; and (2) That are unfired pressure vessels for two (2) years from the date of biennial inspection.

(1) Other than unfired pressure vessels described in the certificate for one (1) year from the date of annual inspection plus any extension granted under § 20-23-203(a) of the time for the next annual inspection; and

(2) That are unfired pressure vessels for two (2) years from the date of biennial inspection.

(c) Any owner or operator of a boiler or pressure vessel who is dissatisfied with the result of an inspection made by an inspector employed by an insurance company may appeal to the Chief Inspector of the Boiler Inspection Division, who shall cause a special investigation to be conducted and, upon the report of the inspection, shall render his or her decision, the decision to be final.

Amended by Act 2019, No. 910,§ 5457, eff. 7/1/2019.

Amended by Act 2015, No. 95,§ 2, eff. 7/22/2015.

Acts 1961, No. 494, § 3; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1999, No. 982, § 12; 2003, No. 1184, § 1.
Ark. Code Ann. § 20-6-412 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-412
Liability of healthcare facilities
Status: in_force

(a) Unless expressly required by federal law or regulation, a state survey agency or other state agency shall not take any action against a healthcare facility for: (1) Giving a visitor or other individual access to a healthcare facility, clinic, or other similar location under this subchapter; (2) Failing to protect or otherwise ensure the safety or comfort of a visitor or other individual given access to a healthcare facility, clinic, or other similar location under this subchapter; (3) Failing to follow the Centers for Disease Control and Prevention or other national guidelines that require or recommend restricting visitor access; or (4) The acts or omissions of any visitor or other individual who is given access to a healthcare facility, clinic, or similar location. (b) This section does not apply to courts or the judicial branch. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) Unless expressly required by federal law or regulation, a state survey agency or other state agency shall not take any action against a healthcare facility for: (1) Giving a visitor or other individual access to a healthcare facility, clinic, or other similar location under this subchapter; (2) Failing to protect or otherwise ensure the safety or comfort of a visitor or other individual given access to a healthcare facility, clinic, or other similar location under this subchapter; (3) Failing to follow the Centers for Disease Control and Prevention or other national guidelines that require or recommend restricting visitor access; or (4) The acts or omissions of any visitor or other individual who is given access to a healthcare facility, clinic, or similar location.

(1) Giving a visitor or other individual access to a healthcare facility, clinic, or other similar location under this subchapter;

(2) Failing to protect or otherwise ensure the safety or comfort of a visitor or other individual given access to a healthcare facility, clinic, or other similar location under this subchapter;

(3) Failing to follow the Centers for Disease Control and Prevention or other national guidelines that require or recommend restricting visitor access; or

(4) The acts or omissions of any visitor or other individual who is given access to a healthcare facility, clinic, or similar location.

(b) This section does not apply to courts or the judicial branch.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-59-239 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-239
Unlawful acts - Labeling ice cream
Status: in_force

It shall be unlawful to sell ice cream or ice milk in factory-filled package form unless it is labeled with the printed name of the manufacturer, the wholesale distributor, or the retailer. No person shall sell or offer or expose for sale ice milk unless contained in a package or enclosed in a wrapper upon which package or wrapper shall be conspicuously printed the words "ICE MILK". Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to sell ice cream or ice milk in factory-filled package form unless it is labeled with the printed name of the manufacturer, the wholesale distributor, or the retailer. No person shall sell or offer or expose for sale ice milk unless contained in a package or enclosed in a wrapper upon which package or wrapper shall be conspicuously printed the words "ICE MILK".

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-77-303 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-303
Action by division and recipient
Status: in_force

(a) If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient. (b) After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program. (c) The remainder shall be awarded to the medical assistance recipient. Acts 1979, No. 419, § 3; A.S.A. 1947, § 83-171.2; Acts 2011, No. 625, § 2.

(a) If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient.

(b) After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program.

(c) The remainder shall be awarded to the medical assistance recipient.

Acts 1979, No. 419, § 3; A.S.A. 1947, § 83-171.2; Acts 2011, No. 625, § 2.