Ark. Code Ann. § 20-57-201 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-201
Definitions
Status: in_force

As used in §§ 20-57-203 - 20-57-205 : (1) (A) (i) "Food service establishment" means any place where food is prepared, processed, stored, or intended for use or consumption by the public regardless of whether there is a charge for the food. (ii) "Food service establishment" includes wholesale and retail food stores, convenience stores, food markets, delicatessens, restaurants, food processing or manufacturing plants, bottling and canning plants, wholesale and retail block and prepackaged ice manufacturing plants, food caterers, and food warehouses. (iii) "Food service establishment" does not include supply vehicles or locations of vending machines. (B) The following are also exempt: (i) Group homes routinely serving ten (10) or fewer persons; (ii) Daycare centers routinely serving twelve (12) or fewer persons; (iii) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (iv) A person at a farmers' market that offers for sale only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (v) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that are unprocessed or a homemade food or drink product under the Food Freedom Act, § 20-57-501 et seq.; (vi) A maple syrup and sorghum processor and beekeeper if the processor or beekeeper offers only maple syrup, sorghum, or honey directly to the consumer from the site where those products are processed or homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq., or both; (vii) A person who offers for sale only one (1) or more of the following foods at a festival or celebration, on the condition that the festival or celebration is organized by a political subdivision of the state and lasts for a period not longer than seven (7) consecutive days: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey if produced by a maple syrup or sorghum processor or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (viii) A farm market that offers for sale at the farm market only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (ix) An establishment that offers only prepackaged foods that are not potentially hazardous as defined by the State Board of Health; (x) Ice vending machines or kiosks where ice is dispensed in the open air and that are totally self-contained; and (xi) A producer or informed end consumer engaged in transactions under the Food Freedom Act, § 20-57-501 et seq.; and (2) "Food service industry" means the aggregate of food service establishments. Amended by Act 2023, No. 829,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1040,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 306,§ 1, eff. 3/9/2021. Amended by Act 2019, No. 775,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 399,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 399,§ 1, eff. 8/1/2017. Acts 1977, No. 357, § 1; 1979, No. 734, § 1; A.S.A. 1947, § 82-997; Acts 1987, No. 903, § 1; 1989, No. 67, § 1; 1991, No. 378, § 2; 2009, No. 1403, § 1; 2011, No. 72, § 1.

As used in §§ 20-57-203 - 20-57-205 :

(1) (A) (i) "Food service establishment" means any place where food is prepared, processed, stored, or intended for use or consumption by the public regardless of whether there is a charge for the food. (ii) "Food service establishment" includes wholesale and retail food stores, convenience stores, food markets, delicatessens, restaurants, food processing or manufacturing plants, bottling and canning plants, wholesale and retail block and prepackaged ice manufacturing plants, food caterers, and food warehouses. (iii) "Food service establishment" does not include supply vehicles or locations of vending machines. (B) The following are also exempt: (i) Group homes routinely serving ten (10) or fewer persons; (ii) Daycare centers routinely serving twelve (12) or fewer persons; (iii) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (iv) A person at a farmers' market that offers for sale only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (v) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that are unprocessed or a homemade food or drink product under the Food Freedom Act, § 20-57-501 et seq.; (vi) A maple syrup and sorghum processor and beekeeper if the processor or beekeeper offers only maple syrup, sorghum, or honey directly to the consumer from the site where those products are processed or homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq., or both; (vii) A person who offers for sale only one (1) or more of the following foods at a festival or celebration, on the condition that the festival or celebration is organized by a political subdivision of the state and lasts for a period not longer than seven (7) consecutive days: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey if produced by a maple syrup or sorghum processor or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (viii) A farm market that offers for sale at the farm market only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (ix) An establishment that offers only prepackaged foods that are not potentially hazardous as defined by the State Board of Health; (x) Ice vending machines or kiosks where ice is dispensed in the open air and that are totally self-contained; and (xi) A producer or informed end consumer engaged in transactions under the Food Freedom Act, § 20-57-501 et seq.; and

(A) (i) "Food service establishment" means any place where food is prepared, processed, stored, or intended for use or consumption by the public regardless of whether there is a charge for the food. (ii) "Food service establishment" includes wholesale and retail food stores, convenience stores, food markets, delicatessens, restaurants, food processing or manufacturing plants, bottling and canning plants, wholesale and retail block and prepackaged ice manufacturing plants, food caterers, and food warehouses. (iii) "Food service establishment" does not include supply vehicles or locations of vending machines.

(i) "Food service establishment" means any place where food is prepared, processed, stored, or intended for use or consumption by the public regardless of whether there is a charge for the food.

(ii) "Food service establishment" includes wholesale and retail food stores, convenience stores, food markets, delicatessens, restaurants, food processing or manufacturing plants, bottling and canning plants, wholesale and retail block and prepackaged ice manufacturing plants, food caterers, and food warehouses.

(iii) "Food service establishment" does not include supply vehicles or locations of vending machines.

(B) The following are also exempt: (i) Group homes routinely serving ten (10) or fewer persons; (ii) Daycare centers routinely serving twelve (12) or fewer persons; (iii) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (iv) A person at a farmers' market that offers for sale only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (v) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that are unprocessed or a homemade food or drink product under the Food Freedom Act, § 20-57-501 et seq.; (vi) A maple syrup and sorghum processor and beekeeper if the processor or beekeeper offers only maple syrup, sorghum, or honey directly to the consumer from the site where those products are processed or homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq., or both; (vii) A person who offers for sale only one (1) or more of the following foods at a festival or celebration, on the condition that the festival or celebration is organized by a political subdivision of the state and lasts for a period not longer than seven (7) consecutive days: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey if produced by a maple syrup or sorghum processor or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (viii) A farm market that offers for sale at the farm market only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (ix) An establishment that offers only prepackaged foods that are not potentially hazardous as defined by the State Board of Health; (x) Ice vending machines or kiosks where ice is dispensed in the open air and that are totally self-contained; and (xi) A producer or informed end consumer engaged in transactions under the Food Freedom Act, § 20-57-501 et seq.; and

(i) Group homes routinely serving ten (10) or fewer persons;

(ii) Daycare centers routinely serving twelve (12) or fewer persons;

(iii) Potluck suppers, community picnics, or other group gatherings where food is served but not sold;

(iv) A person at a farmers' market that offers for sale only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.;

(a) Fresh unprocessed fruits or vegetables;

(b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper;

(c) Commercially prepackaged food that is not potentially hazardous; or

(d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.;

(v) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that are unprocessed or a homemade food or drink product under the Food Freedom Act, § 20-57-501 et seq.;

(vi) A maple syrup and sorghum processor and beekeeper if the processor or beekeeper offers only maple syrup, sorghum, or honey directly to the consumer from the site where those products are processed or homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq., or both;

(vii) A person who offers for sale only one (1) or more of the following foods at a festival or celebration, on the condition that the festival or celebration is organized by a political subdivision of the state and lasts for a period not longer than seven (7) consecutive days: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey if produced by a maple syrup or sorghum processor or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.;

(a) Fresh unprocessed fruits or vegetables;

(b) Maple syrup, sorghum, or honey if produced by a maple syrup or sorghum processor or beekeeper;

(c) Commercially prepackaged food that is not potentially hazardous; or

(d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.;

(viii) A farm market that offers for sale at the farm market only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.;

(a) Fresh unprocessed fruits or vegetables;

(b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper;

(c) Commercially prepackaged food that is not potentially hazardous; or

(d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.;

(ix) An establishment that offers only prepackaged foods that are not potentially hazardous as defined by the State Board of Health;

(x) Ice vending machines or kiosks where ice is dispensed in the open air and that are totally self-contained; and

(xi) A producer or informed end consumer engaged in transactions under the Food Freedom Act, § 20-57-501 et seq.; and

(2) "Food service industry" means the aggregate of food service establishments.

Amended by Act 2023, No. 829,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1040,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 306,§ 1, eff. 3/9/2021.

Amended by Act 2019, No. 775,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 399,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 399,§ 1, eff. 8/1/2017.

Acts 1977, No. 357, § 1; 1979, No. 734, § 1; A.S.A. 1947, § 82-997; Acts 1987, No. 903, § 1; 1989, No. 67, § 1; 1991, No. 378, § 2; 2009, No. 1403, § 1; 2011, No. 72, § 1.
Ark. Code Ann. § 20-13-204 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-204
Penalties
Status: in_force

Any person violating this subchapter or any rule or order adopted in accordance with this subchapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for a period not to exceed thirty (30) days in the county jail, or by both fine and imprisonment. Amended by Act 2019, No. 315,§ 1919, eff. 7/24/2019. Acts 1975, No. 435, § 9; A.S.A. 1947, § 82-3409.

Any person violating this subchapter or any rule or order adopted in accordance with this subchapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for a period not to exceed thirty (30) days in the county jail, or by both fine and imprisonment.

Amended by Act 2019, No. 315,§ 1919, eff. 7/24/2019.

Acts 1975, No. 435, § 9; A.S.A. 1947, § 82-3409.
Ark. Code Ann. § 20-14-1003 — AR Code / Title 20 / Chapter 14 / Subchapter 10 / Section 20-14-1003
Criteria required from healthcare provider for provision of documentation for emotional support dog
Status: in_force

(a) A healthcare provider shall not provide documentation relating to an individual's need for an emotional support dog unless the healthcare provider: (1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection; (2) Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided; (3) (A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog. (B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle; (4) Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog; (5) Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under § 20-14-310 ; and (6) Reviews the need for an emotional support dog to renew the documentation on a yearly basis. (b) A healthcare provider may be subject to discipline from the healthcare provider's licensing board for a violation of this section. Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.

(a) A healthcare provider shall not provide documentation relating to an individual's need for an emotional support dog unless the healthcare provider: (1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection; (2) Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided; (3) (A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog. (B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle; (4) Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog; (5) Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under § 20-14-310 ; and (6) Reviews the need for an emotional support dog to renew the documentation on a yearly basis.

(1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection;

(2) Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided;

(3) (A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog. (B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog.

(B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless.

(ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023;

(b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or

(c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(4) Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog;

(5) Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under § 20-14-310 ; and

(6) Reviews the need for an emotional support dog to renew the documentation on a yearly basis.

(b) A healthcare provider may be subject to discipline from the healthcare provider's licensing board for a violation of this section.

Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-16-604 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-604
Born-alive infant protection - Cause of action - Definitions
Status: in_force

(a) As used in this section: (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 (a)(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) "Infant" means a child who has been completely expulsed or extracted from the mother, regardless of the stage of gestational development, until thirty (30) days after the birth; and (3) "Infant who is born alive" means the complete expulsion or extraction of an infant from a mother, regardless of the state of gestational development, who shows any evidence of life, including without limitation: (A) Breathing; (B) Heartbeat; (C) Umbilical cord pulsation; or (D) Definite movement of voluntary muscles. (b) A physician, other healthcare professional, or other person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason, including without limitation: (1) The infant was born with a physical, intellectual, or developmental disability; (2) The infant was not wanted by the parent or guardian; or (3) The infant was born alive by natural or artificial means. (c) A physician, other healthcare professional, or other person shall not deprive an infant of medically appropriate and reasonable medical care and treatment or surgical care. (d) This section does not prevent an infant's parent or legal guardian from refusing to give consent to medical treatment or surgical care that is not medically necessary or reasonable, including without limitation, care or treatment that: (1) Is not necessary to save the life of the infant; (2) Has a potential risk to the life or health of the infant that outweighs the potential benefit to the infant; or (3) Is treatment that will do no more than temporarily prolong the act of dying when death is imminent. (e) (1) A physician performing an abortion shall take all medically appropriate and reasonable steps to preserve the life and health of an infant who is born alive. (2) If an abortion performed in a hospital results in a live birth, the attending physician shall: (A) Provide immediate medical care to the infant; (B) Inform the mother of the live birth; (C) Request transfer of the infant to an on-duty resident or emergency care physician who shall provide medically appropriate and reasonable medical care and treatment to the infant; and (D) Report the abortion resulting in a live birth to the Department of Health. (3) If an abortion performed in a healthcare facility other than a hospital results in a live birth, the attending physician shall: (A) Provide immediate medical care to the infant; (B) Call 911 for an emergency transfer of the infant to the hospital for medically appropriate and reasonable care and treatment for the infant; and (C) Report the abortion resulting in a live birth to the department. (4) The department shall report and publish the number of abortions resulting in a live birth annually. (f) If a physician described in subsection (e) of this section is unable to perform the duties described in subsection (e) of this section because the physician is assisting the woman who received an abortion, the attending physician's assistant, nurse, or other healthcare professional shall assume the duties outlined in subsection (e) of this section. (g) An infant who is born alive shall be treated as an individual under the laws of this state with the same rights to medically appropriate reasonable care and treatment that an infant born prematurely would have. (h) The infant who is born alive upon birth immediately shall become a ward of the state if: (1) Before the abortion, the pregnant woman, or if married, the pregnant woman and her spouse, have stated in writing that they do not wish to keep the infant if the abortion results in a live birth; and (2) The writing described in subdivision (h)(1) of this section is not retracted before the abortion. (i) (1) An infant who is born alive shall not be used for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the infant who is born alive. (2) A violation of subdivision (i)(1) of this section is a Class D felony. (j) Failure to comply with this section shall provide a basis for: (1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.; (2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year; (3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102 ; and (4) Injunction from future acts prohibited by this section. (k) This section does not: (1) Create or recognize a right to abortion; (2) Affect existing federal or state law regarding abortion; or (3) Alter generally accepted medical standards. (l) A physician or other person who purposefully or recklessly violates this section is guilty of a Class A misdemeanor. Amended by Act 2019, No. 801,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 801,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 801,§ 2, eff. 7/24/2019. Added by Act 2017, No. 392,§ 2, eff. 1/1/2018.

(a) As used in this section: (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 (a)(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) "Infant" means a child who has been completely expulsed or extracted from the mother, regardless of the stage of gestational development, until thirty (30) days after the birth; and (3) "Infant who is born alive" means the complete expulsion or extraction of an infant from a mother, regardless of the state of gestational development, who shows any evidence of life, including without limitation: (A) Breathing; (B) Heartbeat; (C) Umbilical cord pulsation; or (D) Definite movement of voluntary muscles.

(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 (a)(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 (a)(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) "Infant" means a child who has been completely expulsed or extracted from the mother, regardless of the stage of gestational development, until thirty (30) days after the birth; and

(3) "Infant who is born alive" means the complete expulsion or extraction of an infant from a mother, regardless of the state of gestational development, who shows any evidence of life, including without limitation: (A) Breathing; (B) Heartbeat; (C) Umbilical cord pulsation; or (D) Definite movement of voluntary muscles.

(A) Breathing;

(B) Heartbeat;

(C) Umbilical cord pulsation; or

(D) Definite movement of voluntary muscles.

(b) A physician, other healthcare professional, or other person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason, including without limitation: (1) The infant was born with a physical, intellectual, or developmental disability; (2) The infant was not wanted by the parent or guardian; or (3) The infant was born alive by natural or artificial means.

(1) The infant was born with a physical, intellectual, or developmental disability;

(2) The infant was not wanted by the parent or guardian; or

(3) The infant was born alive by natural or artificial means.

(c) A physician, other healthcare professional, or other person shall not deprive an infant of medically appropriate and reasonable medical care and treatment or surgical care.

(d) This section does not prevent an infant's parent or legal guardian from refusing to give consent to medical treatment or surgical care that is not medically necessary or reasonable, including without limitation, care or treatment that: (1) Is not necessary to save the life of the infant; (2) Has a potential risk to the life or health of the infant that outweighs the potential benefit to the infant; or (3) Is treatment that will do no more than temporarily prolong the act of dying when death is imminent.

(1) Is not necessary to save the life of the infant;

(2) Has a potential risk to the life or health of the infant that outweighs the potential benefit to the infant; or

(3) Is treatment that will do no more than temporarily prolong the act of dying when death is imminent.

(e) (1) A physician performing an abortion shall take all medically appropriate and reasonable steps to preserve the life and health of an infant who is born alive. (2) If an abortion performed in a hospital results in a live birth, the attending physician shall: (A) Provide immediate medical care to the infant; (B) Inform the mother of the live birth; (C) Request transfer of the infant to an on-duty resident or emergency care physician who shall provide medically appropriate and reasonable medical care and treatment to the infant; and (D) Report the abortion resulting in a live birth to the Department of Health. (3) If an abortion performed in a healthcare facility other than a hospital results in a live birth, the attending physician shall: (A) Provide immediate medical care to the infant; (B) Call 911 for an emergency transfer of the infant to the hospital for medically appropriate and reasonable care and treatment for the infant; and (C) Report the abortion resulting in a live birth to the department. (4) The department shall report and publish the number of abortions resulting in a live birth annually.

(1) A physician performing an abortion shall take all medically appropriate and reasonable steps to preserve the life and health of an infant who is born alive.

(2) If an abortion performed in a hospital results in a live birth, the attending physician shall: (A) Provide immediate medical care to the infant; (B) Inform the mother of the live birth; (C) Request transfer of the infant to an on-duty resident or emergency care physician who shall provide medically appropriate and reasonable medical care and treatment to the infant; and (D) Report the abortion resulting in a live birth to the Department of Health.

(A) Provide immediate medical care to the infant;

(B) Inform the mother of the live birth;

(C) Request transfer of the infant to an on-duty resident or emergency care physician who shall provide medically appropriate and reasonable medical care and treatment to the infant; and

(D) Report the abortion resulting in a live birth to the Department of Health.

(3) If an abortion performed in a healthcare facility other than a hospital results in a live birth, the attending physician shall: (A) Provide immediate medical care to the infant; (B) Call 911 for an emergency transfer of the infant to the hospital for medically appropriate and reasonable care and treatment for the infant; and (C) Report the abortion resulting in a live birth to the department.

(A) Provide immediate medical care to the infant;

(B) Call 911 for an emergency transfer of the infant to the hospital for medically appropriate and reasonable care and treatment for the infant; and

(C) Report the abortion resulting in a live birth to the department.

(4) The department shall report and publish the number of abortions resulting in a live birth annually.

(f) If a physician described in subsection (e) of this section is unable to perform the duties described in subsection (e) of this section because the physician is assisting the woman who received an abortion, the attending physician's assistant, nurse, or other healthcare professional shall assume the duties outlined in subsection (e) of this section.

(g) An infant who is born alive shall be treated as an individual under the laws of this state with the same rights to medically appropriate reasonable care and treatment that an infant born prematurely would have.

(h) The infant who is born alive upon birth immediately shall become a ward of the state if: (1) Before the abortion, the pregnant woman, or if married, the pregnant woman and her spouse, have stated in writing that they do not wish to keep the infant if the abortion results in a live birth; and (2) The writing described in subdivision (h)(1) of this section is not retracted before the abortion.

(1) Before the abortion, the pregnant woman, or if married, the pregnant woman and her spouse, have stated in writing that they do not wish to keep the infant if the abortion results in a live birth; and

(2) The writing described in subdivision (h)(1) of this section is not retracted before the abortion.

(i) (1) An infant who is born alive shall not be used for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the infant who is born alive. (2) A violation of subdivision (i)(1) of this section is a Class D felony.

(1) An infant who is born alive shall not be used for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the infant who is born alive.

(2) A violation of subdivision (i)(1) of this section is a Class D felony.

(j) Failure to comply with this section shall provide a basis for: (1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.; (2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year; (3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102 ; and (4) Injunction from future acts prohibited by this section.

(1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.;

(2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;

(3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102 ; and

(4) Injunction from future acts prohibited by this section.

(k) This section does not: (1) Create or recognize a right to abortion; (2) Affect existing federal or state law regarding abortion; or (3) Alter generally accepted medical standards.

(1) Create or recognize a right to abortion;

(2) Affect existing federal or state law regarding abortion; or

(3) Alter generally accepted medical standards.

(l) A physician or other person who purposefully or recklessly violates this section is guilty of a Class A misdemeanor.

Amended by Act 2019, No. 801,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 801,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 801,§ 2, eff. 7/24/2019.

Added by Act 2017, No. 392,§ 2, eff. 1/1/2018.
Ark. Code Ann. § 20-9-312 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-312
Written agreements of abortion facility
Status: in_force

(a) (1) An abortion facility shall enter into a written agreement with a licensed acute care hospital that is capable of treating patients with unforeseen complications related to procedures performed at an abortion facility. (2) Under the written agreement described in subdivision (a)(1) of this section, the licensed acute care hospital shall agree to accept and treat patients with unforeseen complications related to procedures performed at an abortion facility. (3) The written agreement described in subdivision (a)(1) of this section shall: (A) Be with a licensed acute care hospital located: (i) In the same county as the abortion facility; or (ii) No further than thirty (30) miles from the abortion facility; (B) Be a legally binding contractual document; (C) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed acute care hospital; and (ii) Certify that they have the authority described in subdivision (a)(3)(C)(i) of this section; (D) Require transfer of a patient if deemed medically necessary by the attending physician; (E) Identify responsibilities of the abortion facility in which the abortion facility shall at a minimum: (i) At the time of transfer, provide the licensed acute care hospital with complete and accurate information regarding the patient being transferred to the licensed acute care hospital; (ii) Notify the licensed acute care hospital of the impending transfer of a patient and receive confirmation of the availability of appropriate facilities, services, and staff necessary for the care of the patient; (iii) At the time of the transfer, provide the licensed acute care hospital with copies of relevant portions of the patient's clinical record; (iv) Transfer the patient, the patient's medical records, demographic information, insurance information, and other information deemed necessary or otherwise required by law to facilitate the provision of medical care when the patient arrives at the licensed acute care hospital; and (v) Arrange for the immediate transfer of the patient's personal effects, including a document listing the effects; and (F) Identify responsibilities of the licensed acute care hospital in which the licensed acute care hospital shall at a minimum: (i) Provide prompt and appropriate evaluation and treatment of a patient transferred to the licensed acute care hospital under the written agreement; (ii) Accept responsibility for the patient's care when the patient is received by the licensed acute care hospital; (iii) Direct charges performed by the licensed acute care hospital to the patient or the patient's third-party payer; and (iv) Acknowledge receipt of the patient's personal effects in writing signed by an authorized representative of the licensed acute care hospital and deliver the receipt to the abortion facility. (b) If an unforeseen complication arises before or during a procedure performed at an abortion facility, the patient shall be transferred to: (1) The licensed acute care hospital with which the abortion facility has a written agreement as described in subsection (a) of this section; or (2) A hospital selected by the patient. (c) (1) An abortion facility shall enter into a written agreement with a licensed local ambulance service for the transport of any emergency patient within the scope of subsection (a) of this section to the licensed acute care hospital. (2) The written agreement described in subdivision (c)(1) of this section shall: (A) Be with a licensed local ambulance service located: (i) In the same county as the abortion facility; or (ii) No further than five (5) miles or ten (10) minutes' normal driving time from the abortion facility; (B) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed local ambulance service; and (ii) Certify that they have the authority described in subdivision (c)(2)(B)(i) of this section; and (C) Identify responsibilities of the licensed local ambulance service in which the licensed local ambulance service shall at a minimum: (i) Provide services in accordance with all federal and state laws, federal regulations, and state rules applicable to emergency service entities; (ii) Employ sufficient staff, including paramedics and emergency medical technicians, to provide patient care and operate vehicles and equipment in accordance with industry standards and applicable federal and state laws, federal regulations, and state rules; (iii) Require all responding medical personnel to familiarize themselves with the floor plan of the abortion facility to minimize the time required to locate the patient in the facility and exit the facility with the patient as expeditiously as possible; (iv) Acknowledge the existence of and the licensed local ambulance service's familiarity with the terms of the written agreement between the abortion facility and the licensed acute care hospital; and (v) Transport the patient to the licensed acute care hospital that is party to the written agreement unless otherwise directed by the patient. (d) Within ten (10) days of finalization of the written agreements described in subsections (a) and (c) of this section, the abortion facility shall file the written agreements described in subsections (a) and (c) of this section with the Department of Health. (e) An abortion facility shall have ninety (90) days after July 28, 2021, to come into compliance with this section. (f) (1) An abortion facility applying for a renewal license or an applicant for a provisional license may submit a request in writing for extensions of time to comply with the written agreement requirements described in subsections (a) and (c) of this section to the Secretary of the Department of Health in accordance with the provisions of this subsection. (2) Any request shall: (A) Be in writing; (B) Contain a certification under oath that the abortion facility seeking the extension of time has exhausted all reasonable efforts to obtain a written agreement described in subsections (a) and (c) of this section for a continuous ninety-calendar-day period before the request; and (C) Contain a detailed description of the efforts taken to secure the written agreements described in subsections (a) and (c) of this section. (3) In deciding to grant or deny the request for an extension of time, the secretary shall consider all factors the secretary deems relevant under the circumstances, but at least the following factors: (A) Whether the abortion facility or applicant made, and continues to make, a good faith effort to obtain a written agreement described in subsections (a) and (c) of this section; (B) Whether the abortion facility or applicant can provide the same level of patient care and safety via alternative health services during any extension period; and (C) Regulatory compliance history at the abortion facility and at any other healthcare facility owned, in whole or in part, by the applicant or any other individual or entity having an ownership interest with the abortion facility. (4) If the request is granted, the extension of time shall be effective for a time period of ninety (90) calendar days from the date of issuance. (5) The secretary may rescind a previously granted extension of time at any time upon determining that the abortion facility or applicant has not met, or is not meeting, the conditions of subdivision (f)(3) of this section. (6) If the request is for a written agreement described in subsection (a) of this section, the written agreement described in subsection (c) of this section does not have to comply with subdivisions (c)(2)(C)(iv) and (v) of this section for the duration of the extension of time. (7) (A) If a request for an extension is denied, an abortion facility or applicant shall have ten (10) calendar days to submit a written request for reconsideration to the secretary, whose decision shall be final. (B) The abortion facility or applicant for provisional license may appeal a denial in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (g) (1) This section does not create or recognize a right to abortion. (2) This section is not intended to make lawful an abortion that is currently unlawful. Added by Act 2021, No. 740,§ 2, eff. 7/28/2021.

(a) (1) An abortion facility shall enter into a written agreement with a licensed acute care hospital that is capable of treating patients with unforeseen complications related to procedures performed at an abortion facility. (2) Under the written agreement described in subdivision (a)(1) of this section, the licensed acute care hospital shall agree to accept and treat patients with unforeseen complications related to procedures performed at an abortion facility. (3) The written agreement described in subdivision (a)(1) of this section shall: (A) Be with a licensed acute care hospital located: (i) In the same county as the abortion facility; or (ii) No further than thirty (30) miles from the abortion facility; (B) Be a legally binding contractual document; (C) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed acute care hospital; and (ii) Certify that they have the authority described in subdivision (a)(3)(C)(i) of this section; (D) Require transfer of a patient if deemed medically necessary by the attending physician; (E) Identify responsibilities of the abortion facility in which the abortion facility shall at a minimum: (i) At the time of transfer, provide the licensed acute care hospital with complete and accurate information regarding the patient being transferred to the licensed acute care hospital; (ii) Notify the licensed acute care hospital of the impending transfer of a patient and receive confirmation of the availability of appropriate facilities, services, and staff necessary for the care of the patient; (iii) At the time of the transfer, provide the licensed acute care hospital with copies of relevant portions of the patient's clinical record; (iv) Transfer the patient, the patient's medical records, demographic information, insurance information, and other information deemed necessary or otherwise required by law to facilitate the provision of medical care when the patient arrives at the licensed acute care hospital; and (v) Arrange for the immediate transfer of the patient's personal effects, including a document listing the effects; and (F) Identify responsibilities of the licensed acute care hospital in which the licensed acute care hospital shall at a minimum: (i) Provide prompt and appropriate evaluation and treatment of a patient transferred to the licensed acute care hospital under the written agreement; (ii) Accept responsibility for the patient's care when the patient is received by the licensed acute care hospital; (iii) Direct charges performed by the licensed acute care hospital to the patient or the patient's third-party payer; and (iv) Acknowledge receipt of the patient's personal effects in writing signed by an authorized representative of the licensed acute care hospital and deliver the receipt to the abortion facility.

(1) An abortion facility shall enter into a written agreement with a licensed acute care hospital that is capable of treating patients with unforeseen complications related to procedures performed at an abortion facility.

(2) Under the written agreement described in subdivision (a)(1) of this section, the licensed acute care hospital shall agree to accept and treat patients with unforeseen complications related to procedures performed at an abortion facility.

(3) The written agreement described in subdivision (a)(1) of this section shall: (A) Be with a licensed acute care hospital located: (i) In the same county as the abortion facility; or (ii) No further than thirty (30) miles from the abortion facility; (B) Be a legally binding contractual document; (C) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed acute care hospital; and (ii) Certify that they have the authority described in subdivision (a)(3)(C)(i) of this section; (D) Require transfer of a patient if deemed medically necessary by the attending physician; (E) Identify responsibilities of the abortion facility in which the abortion facility shall at a minimum: (i) At the time of transfer, provide the licensed acute care hospital with complete and accurate information regarding the patient being transferred to the licensed acute care hospital; (ii) Notify the licensed acute care hospital of the impending transfer of a patient and receive confirmation of the availability of appropriate facilities, services, and staff necessary for the care of the patient; (iii) At the time of the transfer, provide the licensed acute care hospital with copies of relevant portions of the patient's clinical record; (iv) Transfer the patient, the patient's medical records, demographic information, insurance information, and other information deemed necessary or otherwise required by law to facilitate the provision of medical care when the patient arrives at the licensed acute care hospital; and (v) Arrange for the immediate transfer of the patient's personal effects, including a document listing the effects; and (F) Identify responsibilities of the licensed acute care hospital in which the licensed acute care hospital shall at a minimum: (i) Provide prompt and appropriate evaluation and treatment of a patient transferred to the licensed acute care hospital under the written agreement; (ii) Accept responsibility for the patient's care when the patient is received by the licensed acute care hospital; (iii) Direct charges performed by the licensed acute care hospital to the patient or the patient's third-party payer; and (iv) Acknowledge receipt of the patient's personal effects in writing signed by an authorized representative of the licensed acute care hospital and deliver the receipt to the abortion facility.

(A) Be with a licensed acute care hospital located: (i) In the same county as the abortion facility; or (ii) No further than thirty (30) miles from the abortion facility;

(i) In the same county as the abortion facility; or

(ii) No further than thirty (30) miles from the abortion facility;

(B) Be a legally binding contractual document;

(C) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed acute care hospital; and (ii) Certify that they have the authority described in subdivision (a)(3)(C)(i) of this section;

(i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed acute care hospital; and

(ii) Certify that they have the authority described in subdivision (a)(3)(C)(i) of this section;

(D) Require transfer of a patient if deemed medically necessary by the attending physician;

(E) Identify responsibilities of the abortion facility in which the abortion facility shall at a minimum: (i) At the time of transfer, provide the licensed acute care hospital with complete and accurate information regarding the patient being transferred to the licensed acute care hospital; (ii) Notify the licensed acute care hospital of the impending transfer of a patient and receive confirmation of the availability of appropriate facilities, services, and staff necessary for the care of the patient; (iii) At the time of the transfer, provide the licensed acute care hospital with copies of relevant portions of the patient's clinical record; (iv) Transfer the patient, the patient's medical records, demographic information, insurance information, and other information deemed necessary or otherwise required by law to facilitate the provision of medical care when the patient arrives at the licensed acute care hospital; and (v) Arrange for the immediate transfer of the patient's personal effects, including a document listing the effects; and

(i) At the time of transfer, provide the licensed acute care hospital with complete and accurate information regarding the patient being transferred to the licensed acute care hospital;

(ii) Notify the licensed acute care hospital of the impending transfer of a patient and receive confirmation of the availability of appropriate facilities, services, and staff necessary for the care of the patient;

(iii) At the time of the transfer, provide the licensed acute care hospital with copies of relevant portions of the patient's clinical record;

(iv) Transfer the patient, the patient's medical records, demographic information, insurance information, and other information deemed necessary or otherwise required by law to facilitate the provision of medical care when the patient arrives at the licensed acute care hospital; and

(v) Arrange for the immediate transfer of the patient's personal effects, including a document listing the effects; and

(F) Identify responsibilities of the licensed acute care hospital in which the licensed acute care hospital shall at a minimum: (i) Provide prompt and appropriate evaluation and treatment of a patient transferred to the licensed acute care hospital under the written agreement; (ii) Accept responsibility for the patient's care when the patient is received by the licensed acute care hospital; (iii) Direct charges performed by the licensed acute care hospital to the patient or the patient's third-party payer; and (iv) Acknowledge receipt of the patient's personal effects in writing signed by an authorized representative of the licensed acute care hospital and deliver the receipt to the abortion facility.

(i) Provide prompt and appropriate evaluation and treatment of a patient transferred to the licensed acute care hospital under the written agreement;

(ii) Accept responsibility for the patient's care when the patient is received by the licensed acute care hospital;

(iii) Direct charges performed by the licensed acute care hospital to the patient or the patient's third-party payer; and

(iv) Acknowledge receipt of the patient's personal effects in writing signed by an authorized representative of the licensed acute care hospital and deliver the receipt to the abortion facility.

(b) If an unforeseen complication arises before or during a procedure performed at an abortion facility, the patient shall be transferred to: (1) The licensed acute care hospital with which the abortion facility has a written agreement as described in subsection (a) of this section; or (2) A hospital selected by the patient.

(1) The licensed acute care hospital with which the abortion facility has a written agreement as described in subsection (a) of this section; or

(2) A hospital selected by the patient.

(c) (1) An abortion facility shall enter into a written agreement with a licensed local ambulance service for the transport of any emergency patient within the scope of subsection (a) of this section to the licensed acute care hospital. (2) The written agreement described in subdivision (c)(1) of this section shall: (A) Be with a licensed local ambulance service located: (i) In the same county as the abortion facility; or (ii) No further than five (5) miles or ten (10) minutes' normal driving time from the abortion facility; (B) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed local ambulance service; and (ii) Certify that they have the authority described in subdivision (c)(2)(B)(i) of this section; and (C) Identify responsibilities of the licensed local ambulance service in which the licensed local ambulance service shall at a minimum: (i) Provide services in accordance with all federal and state laws, federal regulations, and state rules applicable to emergency service entities; (ii) Employ sufficient staff, including paramedics and emergency medical technicians, to provide patient care and operate vehicles and equipment in accordance with industry standards and applicable federal and state laws, federal regulations, and state rules; (iii) Require all responding medical personnel to familiarize themselves with the floor plan of the abortion facility to minimize the time required to locate the patient in the facility and exit the facility with the patient as expeditiously as possible; (iv) Acknowledge the existence of and the licensed local ambulance service's familiarity with the terms of the written agreement between the abortion facility and the licensed acute care hospital; and (v) Transport the patient to the licensed acute care hospital that is party to the written agreement unless otherwise directed by the patient.

(1) An abortion facility shall enter into a written agreement with a licensed local ambulance service for the transport of any emergency patient within the scope of subsection (a) of this section to the licensed acute care hospital.

(2) The written agreement described in subdivision (c)(1) of this section shall: (A) Be with a licensed local ambulance service located: (i) In the same county as the abortion facility; or (ii) No further than five (5) miles or ten (10) minutes' normal driving time from the abortion facility; (B) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed local ambulance service; and (ii) Certify that they have the authority described in subdivision (c)(2)(B)(i) of this section; and (C) Identify responsibilities of the licensed local ambulance service in which the licensed local ambulance service shall at a minimum: (i) Provide services in accordance with all federal and state laws, federal regulations, and state rules applicable to emergency service entities; (ii) Employ sufficient staff, including paramedics and emergency medical technicians, to provide patient care and operate vehicles and equipment in accordance with industry standards and applicable federal and state laws, federal regulations, and state rules; (iii) Require all responding medical personnel to familiarize themselves with the floor plan of the abortion facility to minimize the time required to locate the patient in the facility and exit the facility with the patient as expeditiously as possible; (iv) Acknowledge the existence of and the licensed local ambulance service's familiarity with the terms of the written agreement between the abortion facility and the licensed acute care hospital; and (v) Transport the patient to the licensed acute care hospital that is party to the written agreement unless otherwise directed by the patient.

(A) Be with a licensed local ambulance service located: (i) In the same county as the abortion facility; or (ii) No further than five (5) miles or ten (10) minutes' normal driving time from the abortion facility;

(i) In the same county as the abortion facility; or

(ii) No further than five (5) miles or ten (10) minutes' normal driving time from the abortion facility;

(B) Be signed by the individuals who: (i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed local ambulance service; and (ii) Certify that they have the authority described in subdivision (c)(2)(B)(i) of this section; and

(i) Are authorized to execute the written agreement on behalf of the abortion facility and the licensed local ambulance service; and

(ii) Certify that they have the authority described in subdivision (c)(2)(B)(i) of this section; and

(C) Identify responsibilities of the licensed local ambulance service in which the licensed local ambulance service shall at a minimum: (i) Provide services in accordance with all federal and state laws, federal regulations, and state rules applicable to emergency service entities; (ii) Employ sufficient staff, including paramedics and emergency medical technicians, to provide patient care and operate vehicles and equipment in accordance with industry standards and applicable federal and state laws, federal regulations, and state rules; (iii) Require all responding medical personnel to familiarize themselves with the floor plan of the abortion facility to minimize the time required to locate the patient in the facility and exit the facility with the patient as expeditiously as possible; (iv) Acknowledge the existence of and the licensed local ambulance service's familiarity with the terms of the written agreement between the abortion facility and the licensed acute care hospital; and (v) Transport the patient to the licensed acute care hospital that is party to the written agreement unless otherwise directed by the patient.

(i) Provide services in accordance with all federal and state laws, federal regulations, and state rules applicable to emergency service entities;

(ii) Employ sufficient staff, including paramedics and emergency medical technicians, to provide patient care and operate vehicles and equipment in accordance with industry standards and applicable federal and state laws, federal regulations, and state rules;

(iii) Require all responding medical personnel to familiarize themselves with the floor plan of the abortion facility to minimize the time required to locate the patient in the facility and exit the facility with the patient as expeditiously as possible;

(iv) Acknowledge the existence of and the licensed local ambulance service's familiarity with the terms of the written agreement between the abortion facility and the licensed acute care hospital; and

(v) Transport the patient to the licensed acute care hospital that is party to the written agreement unless otherwise directed by the patient.

(d) Within ten (10) days of finalization of the written agreements described in subsections (a) and (c) of this section, the abortion facility shall file the written agreements described in subsections (a) and (c) of this section with the Department of Health.

(e) An abortion facility shall have ninety (90) days after July 28, 2021, to come into compliance with this section.

(f) (1) An abortion facility applying for a renewal license or an applicant for a provisional license may submit a request in writing for extensions of time to comply with the written agreement requirements described in subsections (a) and (c) of this section to the Secretary of the Department of Health in accordance with the provisions of this subsection. (2) Any request shall: (A) Be in writing; (B) Contain a certification under oath that the abortion facility seeking the extension of time has exhausted all reasonable efforts to obtain a written agreement described in subsections (a) and (c) of this section for a continuous ninety-calendar-day period before the request; and (C) Contain a detailed description of the efforts taken to secure the written agreements described in subsections (a) and (c) of this section. (3) In deciding to grant or deny the request for an extension of time, the secretary shall consider all factors the secretary deems relevant under the circumstances, but at least the following factors: (A) Whether the abortion facility or applicant made, and continues to make, a good faith effort to obtain a written agreement described in subsections (a) and (c) of this section; (B) Whether the abortion facility or applicant can provide the same level of patient care and safety via alternative health services during any extension period; and (C) Regulatory compliance history at the abortion facility and at any other healthcare facility owned, in whole or in part, by the applicant or any other individual or entity having an ownership interest with the abortion facility. (4) If the request is granted, the extension of time shall be effective for a time period of ninety (90) calendar days from the date of issuance. (5) The secretary may rescind a previously granted extension of time at any time upon determining that the abortion facility or applicant has not met, or is not meeting, the conditions of subdivision (f)(3) of this section. (6) If the request is for a written agreement described in subsection (a) of this section, the written agreement described in subsection (c) of this section does not have to comply with subdivisions (c)(2)(C)(iv) and (v) of this section for the duration of the extension of time. (7) (A) If a request for an extension is denied, an abortion facility or applicant shall have ten (10) calendar days to submit a written request for reconsideration to the secretary, whose decision shall be final. (B) The abortion facility or applicant for provisional license may appeal a denial in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) An abortion facility applying for a renewal license or an applicant for a provisional license may submit a request in writing for extensions of time to comply with the written agreement requirements described in subsections (a) and (c) of this section to the Secretary of the Department of Health in accordance with the provisions of this subsection.

(2) Any request shall: (A) Be in writing; (B) Contain a certification under oath that the abortion facility seeking the extension of time has exhausted all reasonable efforts to obtain a written agreement described in subsections (a) and (c) of this section for a continuous ninety-calendar-day period before the request; and (C) Contain a detailed description of the efforts taken to secure the written agreements described in subsections (a) and (c) of this section.

(A) Be in writing;

(B) Contain a certification under oath that the abortion facility seeking the extension of time has exhausted all reasonable efforts to obtain a written agreement described in subsections (a) and (c) of this section for a continuous ninety-calendar-day period before the request; and

(C) Contain a detailed description of the efforts taken to secure the written agreements described in subsections (a) and (c) of this section.

(3) In deciding to grant or deny the request for an extension of time, the secretary shall consider all factors the secretary deems relevant under the circumstances, but at least the following factors: (A) Whether the abortion facility or applicant made, and continues to make, a good faith effort to obtain a written agreement described in subsections (a) and (c) of this section; (B) Whether the abortion facility or applicant can provide the same level of patient care and safety via alternative health services during any extension period; and (C) Regulatory compliance history at the abortion facility and at any other healthcare facility owned, in whole or in part, by the applicant or any other individual or entity having an ownership interest with the abortion facility.

(A) Whether the abortion facility or applicant made, and continues to make, a good faith effort to obtain a written agreement described in subsections (a) and (c) of this section;

(B) Whether the abortion facility or applicant can provide the same level of patient care and safety via alternative health services during any extension period; and

(C) Regulatory compliance history at the abortion facility and at any other healthcare facility owned, in whole or in part, by the applicant or any other individual or entity having an ownership interest with the abortion facility.

(4) If the request is granted, the extension of time shall be effective for a time period of ninety (90) calendar days from the date of issuance.

(5) The secretary may rescind a previously granted extension of time at any time upon determining that the abortion facility or applicant has not met, or is not meeting, the conditions of subdivision (f)(3) of this section.

(6) If the request is for a written agreement described in subsection (a) of this section, the written agreement described in subsection (c) of this section does not have to comply with subdivisions (c)(2)(C)(iv) and (v) of this section for the duration of the extension of time.

(7) (A) If a request for an extension is denied, an abortion facility or applicant shall have ten (10) calendar days to submit a written request for reconsideration to the secretary, whose decision shall be final. (B) The abortion facility or applicant for provisional license may appeal a denial in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) If a request for an extension is denied, an abortion facility or applicant shall have ten (10) calendar days to submit a written request for reconsideration to the secretary, whose decision shall be final.

(B) The abortion facility or applicant for provisional license may appeal a denial in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(g) (1) This section does not create or recognize a right to abortion. (2) This section is not intended to make lawful an abortion that is currently unlawful.

(1) This section does not create or recognize a right to abortion.

(2) This section is not intended to make lawful an abortion that is currently unlawful.

Added by Act 2021, No. 740,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 20-82-211 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-211
Child Welfare Ombudsman Division - Creation - Powers and duties
Status: in_force

(a) (1) There is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission the Child Welfare Ombudsman Division. (2) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission shall: (A) Hire a Child Welfare Ombudsman; and (B) Supervise the Child Welfare Ombudsman. (3) The Child Welfare Ombudsman shall not be supervised by the members of the Arkansas Child Abuse/Rape/Domestic Violence Commission. (4) The minimum qualifications for the Child Welfare Ombudsman shall include: (A) A master's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or (B) Comparable experience in one (1) or more programs that serve juveniles and families who are involved in dependency-neglect proceedings. (5) The Child Welfare Ombudsman shall have the following powers and duties: (A) The duty to work independently of the: (i) Department of Human Services; (ii) Administrative Office of the Courts; (iii) Commission for Parent Counsel; (iv) Attorney Ad Litem Program; (v) Arkansas Public Defender Commission; and (vi) Arkansas Court Appointed Special Advocates program; (B) The duty to communicate with a: (i) Juvenile after the approval of, and subject to the conditions set by, the: (a) Dependency-neglect attorney ad litem appointed to the juvenile; or (b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and (ii) Parent of a juvenile after the approval of, and subject to the conditions set by, the attorney for the parent if the parent has an attorney; (C) The authority to access a record as allowed by law; (D) The duty to review and recommend necessary changes to procedures under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the Child Maltreatment Act, § 12-18-101 et seq., and other laws relevant to the operation of the child welfare system that are applicable to the: (i) Department of Human Services; (ii) Division of Arkansas State Police; (iii) Administrative Office of the Courts; (iv) Attorney Ad Litem Program; (v) Commission for Parent Counsel; (vi) Arkansas Public Defender Commission; and (vii) Arkansas Court Appointed Special Advocates program; (E) The duty to review an issue or concern related to a court case or investigation of a juvenile if it appears that the juvenile, parent of the juvenile, foster parent of the juvenile, relative of the juvenile, or fictive kin of the juvenile may need assistance from the child welfare ombudsman; (F) The duty to provide training and technical assistance if a request is received from: (i) A member of the child welfare system; (ii) The General Assembly; or (iii) The office of the Governor; (G) The duty to make the public aware of the Child Welfare Ombudsman Division and the contact information for the Child Welfare Ombudsman Division; and (H) (i) The duty to prepare an annual report concerning the work of the Child Welfare Ombudsman Division, the operation of the child welfare system, and any recommendations related to the operation of the child welfare system. (ii) The Child Welfare Ombudsman Division shall submit the annual report to the: (a) Governor; (b) Secretary of the Department of Human Services; (c) Director of the Division of Arkansas State Police; (d) Director of the Division of Children and Family Services; (e) Director of the Administrative Office of the Courts; (f) Commission for Parent Counsel; (g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (h) Senate Interim Committee on Children and Youth. (iii) The annual report shall not contain information that would identify a juvenile or the family of a juvenile. (b) As used in this section, "juvenile" means a juvenile as defined in § 9-27-303 who is: (1) A respondent in a dependency-neglect proceeding held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or (2) The subject of a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq. (c) A record maintained by the Child Welfare Ombudsman Division that pertains to a court case or investigation of a juvenile who is the subject of work performed by the Child Welfare Ombudsman Division is confidential and shall not be disclosed except as permitted under § 9-28-407 . Added by Act 2019, No. 945,§ 10, eff. 7/1/2019.

(a) (1) There is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission the Child Welfare Ombudsman Division. (2) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission shall: (A) Hire a Child Welfare Ombudsman; and (B) Supervise the Child Welfare Ombudsman. (3) The Child Welfare Ombudsman shall not be supervised by the members of the Arkansas Child Abuse/Rape/Domestic Violence Commission. (4) The minimum qualifications for the Child Welfare Ombudsman shall include: (A) A master's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or (B) Comparable experience in one (1) or more programs that serve juveniles and families who are involved in dependency-neglect proceedings. (5) The Child Welfare Ombudsman shall have the following powers and duties: (A) The duty to work independently of the: (i) Department of Human Services; (ii) Administrative Office of the Courts; (iii) Commission for Parent Counsel; (iv) Attorney Ad Litem Program; (v) Arkansas Public Defender Commission; and (vi) Arkansas Court Appointed Special Advocates program; (B) The duty to communicate with a: (i) Juvenile after the approval of, and subject to the conditions set by, the: (a) Dependency-neglect attorney ad litem appointed to the juvenile; or (b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and (ii) Parent of a juvenile after the approval of, and subject to the conditions set by, the attorney for the parent if the parent has an attorney; (C) The authority to access a record as allowed by law; (D) The duty to review and recommend necessary changes to procedures under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the Child Maltreatment Act, § 12-18-101 et seq., and other laws relevant to the operation of the child welfare system that are applicable to the: (i) Department of Human Services; (ii) Division of Arkansas State Police; (iii) Administrative Office of the Courts; (iv) Attorney Ad Litem Program; (v) Commission for Parent Counsel; (vi) Arkansas Public Defender Commission; and (vii) Arkansas Court Appointed Special Advocates program; (E) The duty to review an issue or concern related to a court case or investigation of a juvenile if it appears that the juvenile, parent of the juvenile, foster parent of the juvenile, relative of the juvenile, or fictive kin of the juvenile may need assistance from the child welfare ombudsman; (F) The duty to provide training and technical assistance if a request is received from: (i) A member of the child welfare system; (ii) The General Assembly; or (iii) The office of the Governor; (G) The duty to make the public aware of the Child Welfare Ombudsman Division and the contact information for the Child Welfare Ombudsman Division; and (H) (i) The duty to prepare an annual report concerning the work of the Child Welfare Ombudsman Division, the operation of the child welfare system, and any recommendations related to the operation of the child welfare system. (ii) The Child Welfare Ombudsman Division shall submit the annual report to the: (a) Governor; (b) Secretary of the Department of Human Services; (c) Director of the Division of Arkansas State Police; (d) Director of the Division of Children and Family Services; (e) Director of the Administrative Office of the Courts; (f) Commission for Parent Counsel; (g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (h) Senate Interim Committee on Children and Youth. (iii) The annual report shall not contain information that would identify a juvenile or the family of a juvenile.

(1) There is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission the Child Welfare Ombudsman Division.

(2) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission shall: (A) Hire a Child Welfare Ombudsman; and (B) Supervise the Child Welfare Ombudsman.

(A) Hire a Child Welfare Ombudsman; and

(B) Supervise the Child Welfare Ombudsman.

(3) The Child Welfare Ombudsman shall not be supervised by the members of the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(4) The minimum qualifications for the Child Welfare Ombudsman shall include: (A) A master's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or (B) Comparable experience in one (1) or more programs that serve juveniles and families who are involved in dependency-neglect proceedings.

(A) A master's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or

(i) Social work;

(ii) Psychology; or

(iii) A related field; or

(B) Comparable experience in one (1) or more programs that serve juveniles and families who are involved in dependency-neglect proceedings.

(5) The Child Welfare Ombudsman shall have the following powers and duties: (A) The duty to work independently of the: (i) Department of Human Services; (ii) Administrative Office of the Courts; (iii) Commission for Parent Counsel; (iv) Attorney Ad Litem Program; (v) Arkansas Public Defender Commission; and (vi) Arkansas Court Appointed Special Advocates program; (B) The duty to communicate with a: (i) Juvenile after the approval of, and subject to the conditions set by, the: (a) Dependency-neglect attorney ad litem appointed to the juvenile; or (b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and (ii) Parent of a juvenile after the approval of, and subject to the conditions set by, the attorney for the parent if the parent has an attorney; (C) The authority to access a record as allowed by law; (D) The duty to review and recommend necessary changes to procedures under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the Child Maltreatment Act, § 12-18-101 et seq., and other laws relevant to the operation of the child welfare system that are applicable to the: (i) Department of Human Services; (ii) Division of Arkansas State Police; (iii) Administrative Office of the Courts; (iv) Attorney Ad Litem Program; (v) Commission for Parent Counsel; (vi) Arkansas Public Defender Commission; and (vii) Arkansas Court Appointed Special Advocates program; (E) The duty to review an issue or concern related to a court case or investigation of a juvenile if it appears that the juvenile, parent of the juvenile, foster parent of the juvenile, relative of the juvenile, or fictive kin of the juvenile may need assistance from the child welfare ombudsman; (F) The duty to provide training and technical assistance if a request is received from: (i) A member of the child welfare system; (ii) The General Assembly; or (iii) The office of the Governor; (G) The duty to make the public aware of the Child Welfare Ombudsman Division and the contact information for the Child Welfare Ombudsman Division; and (H) (i) The duty to prepare an annual report concerning the work of the Child Welfare Ombudsman Division, the operation of the child welfare system, and any recommendations related to the operation of the child welfare system. (ii) The Child Welfare Ombudsman Division shall submit the annual report to the: (a) Governor; (b) Secretary of the Department of Human Services; (c) Director of the Division of Arkansas State Police; (d) Director of the Division of Children and Family Services; (e) Director of the Administrative Office of the Courts; (f) Commission for Parent Counsel; (g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (h) Senate Interim Committee on Children and Youth. (iii) The annual report shall not contain information that would identify a juvenile or the family of a juvenile.

(A) The duty to work independently of the: (i) Department of Human Services; (ii) Administrative Office of the Courts; (iii) Commission for Parent Counsel; (iv) Attorney Ad Litem Program; (v) Arkansas Public Defender Commission; and (vi) Arkansas Court Appointed Special Advocates program;

(i) Department of Human Services;

(ii) Administrative Office of the Courts;

(iii) Commission for Parent Counsel;

(iv) Attorney Ad Litem Program;

(v) Arkansas Public Defender Commission; and

(vi) Arkansas Court Appointed Special Advocates program;

(B) The duty to communicate with a: (i) Juvenile after the approval of, and subject to the conditions set by, the: (a) Dependency-neglect attorney ad litem appointed to the juvenile; or (b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and (ii) Parent of a juvenile after the approval of, and subject to the conditions set by, the attorney for the parent if the parent has an attorney;

(i) Juvenile after the approval of, and subject to the conditions set by, the: (a) Dependency-neglect attorney ad litem appointed to the juvenile; or (b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and

(a) Dependency-neglect attorney ad litem appointed to the juvenile; or

(b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and

(ii) Parent of a juvenile after the approval of, and subject to the conditions set by, the attorney for the parent if the parent has an attorney;

(C) The authority to access a record as allowed by law;

(D) The duty to review and recommend necessary changes to procedures under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the Child Maltreatment Act, § 12-18-101 et seq., and other laws relevant to the operation of the child welfare system that are applicable to the: (i) Department of Human Services; (ii) Division of Arkansas State Police; (iii) Administrative Office of the Courts; (iv) Attorney Ad Litem Program; (v) Commission for Parent Counsel; (vi) Arkansas Public Defender Commission; and (vii) Arkansas Court Appointed Special Advocates program;

(i) Department of Human Services;

(ii) Division of Arkansas State Police;

(iii) Administrative Office of the Courts;

(iv) Attorney Ad Litem Program;

(v) Commission for Parent Counsel;

(vi) Arkansas Public Defender Commission; and

(vii) Arkansas Court Appointed Special Advocates program;

(E) The duty to review an issue or concern related to a court case or investigation of a juvenile if it appears that the juvenile, parent of the juvenile, foster parent of the juvenile, relative of the juvenile, or fictive kin of the juvenile may need assistance from the child welfare ombudsman;

(F) The duty to provide training and technical assistance if a request is received from: (i) A member of the child welfare system; (ii) The General Assembly; or (iii) The office of the Governor;

(i) A member of the child welfare system;

(ii) The General Assembly; or

(iii) The office of the Governor;

(G) The duty to make the public aware of the Child Welfare Ombudsman Division and the contact information for the Child Welfare Ombudsman Division; and

(H) (i) The duty to prepare an annual report concerning the work of the Child Welfare Ombudsman Division, the operation of the child welfare system, and any recommendations related to the operation of the child welfare system. (ii) The Child Welfare Ombudsman Division shall submit the annual report to the: (a) Governor; (b) Secretary of the Department of Human Services; (c) Director of the Division of Arkansas State Police; (d) Director of the Division of Children and Family Services; (e) Director of the Administrative Office of the Courts; (f) Commission for Parent Counsel; (g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (h) Senate Interim Committee on Children and Youth. (iii) The annual report shall not contain information that would identify a juvenile or the family of a juvenile.

(i) The duty to prepare an annual report concerning the work of the Child Welfare Ombudsman Division, the operation of the child welfare system, and any recommendations related to the operation of the child welfare system.

(ii) The Child Welfare Ombudsman Division shall submit the annual report to the: (a) Governor; (b) Secretary of the Department of Human Services; (c) Director of the Division of Arkansas State Police; (d) Director of the Division of Children and Family Services; (e) Director of the Administrative Office of the Courts; (f) Commission for Parent Counsel; (g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (h) Senate Interim Committee on Children and Youth.

(a) Governor;

(b) Secretary of the Department of Human Services;

(c) Director of the Division of Arkansas State Police;

(d) Director of the Division of Children and Family Services;

(e) Director of the Administrative Office of the Courts;

(f) Commission for Parent Counsel;

(g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and

(h) Senate Interim Committee on Children and Youth.

(iii) The annual report shall not contain information that would identify a juvenile or the family of a juvenile.

(b) As used in this section, "juvenile" means a juvenile as defined in § 9-27-303 who is: (1) A respondent in a dependency-neglect proceeding held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or (2) The subject of a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq.

(1) A respondent in a dependency-neglect proceeding held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or

(2) The subject of a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq.

(c) A record maintained by the Child Welfare Ombudsman Division that pertains to a court case or investigation of a juvenile who is the subject of work performed by the Child Welfare Ombudsman Division is confidential and shall not be disclosed except as permitted under § 9-28-407 .

Added by Act 2019, No. 945,§ 10, eff. 7/1/2019.
Ark. Code Ann. § 20-56-305 — AR Code / Title 20 / Chapter 56 / Subchapter 3 / Section 20-56-305
Prohibitions on advertising and use of certain symbols
Status: in_force

(a) (1) A cultivation facility shall not advertise through any public medium or means designed to market products to the public. (2) A cultivation facility may market products directly to a dispensary by any means directed solely to the dispensary and not available to the public. (b) (1) Advertising for medical marijuana by a dispensary shall not: (A) Contain a statement that is deceptive, false, or misleading; (B) Contain any content that can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) Any other similar item or image typically marketed to children; (C) Encourage the transportation of medical marijuana across state lines; (D) Display consumption of marijuana; (E) Contain material that encourages or promotes marijuana for use as an intoxicant; or (F) Contain material that encourages excessive or rapid use or consumption of medical marijuana. (2) Advertising and marketing for medical marijuana shall include at least one (1) of the following statements: (A) "Marijuana is for use by qualified patients only. Keep out of reach of children."; (B) "Marijuana use during pregnancy or breastfeeding poses potential harms to an unborn child or child."; (C) "Marijuana is not approved by the United States Food and Drug Administration to treat, cure, or prevent any disease."; or (D) "Do not operate a vehicle or machinery under the influence of marijuana." (3) A dispensary shall not make any deceptive, false, or misleading assertion or statement on any informational material, any sign, or any document provided to a consumer. (4) A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations: (A) Within one thousand feet (1,000') of the perimeter of a public or private school or daycare center; (B) On or in a public transit vehicle or public transit shelter; or (C) On or in a publicly owned or operated property. (5) (A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the dispensary has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age. (B) Upon request by the Alcoholic Beverage Control Division, a dispensary shall provide the evidence relied upon to make the determination that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age. (6) A cultivation facility or dispensary shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure. (7) A cultivation facility or dispensary, or both, shall not use any of the following images within an advertisement: (A) A cross of any color; (B) A caduceus; or (C) Any other symbol that is commonly associated with the practice of medicine or the practice of pharmacy. (c) (1) A cultivation facility or dispensary shall have no more than three (3) signs visible to the general public from the public right-of-way that identify the cultivation facility or dispensary by the business name of the cultivation facility or dispensary. (2) A sign shall not exceed thirty-six square feet (36 sq. ft.) in length or width. (3) A sign shall be placed inside the window of the cultivation facility or dispensary or attached to the outside of the building of the cultivation facility or dispensary. (4) A sign shall not display any content or symbol that: (A) Can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) A similar image or item typically marketed to children; or (B) Is commonly associated with the practice of medicine or the practice of pharmacy, including without limitation: (i) A cross of any color; (ii) A caduceus; or (iii) Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or health care in general. Amended by Act 2023, No. 205,§ 5, eff. 8/1/2023. Amended by Act 2021, No. 342,§ 1, eff. 7/28/2021. Added by Act 2019, No. 928,§ 2, eff. 7/24/2019.

(a) (1) A cultivation facility shall not advertise through any public medium or means designed to market products to the public. (2) A cultivation facility may market products directly to a dispensary by any means directed solely to the dispensary and not available to the public.

(1) A cultivation facility shall not advertise through any public medium or means designed to market products to the public.

(2) A cultivation facility may market products directly to a dispensary by any means directed solely to the dispensary and not available to the public.

(b) (1) Advertising for medical marijuana by a dispensary shall not: (A) Contain a statement that is deceptive, false, or misleading; (B) Contain any content that can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) Any other similar item or image typically marketed to children; (C) Encourage the transportation of medical marijuana across state lines; (D) Display consumption of marijuana; (E) Contain material that encourages or promotes marijuana for use as an intoxicant; or (F) Contain material that encourages excessive or rapid use or consumption of medical marijuana. (2) Advertising and marketing for medical marijuana shall include at least one (1) of the following statements: (A) "Marijuana is for use by qualified patients only. Keep out of reach of children."; (B) "Marijuana use during pregnancy or breastfeeding poses potential harms to an unborn child or child."; (C) "Marijuana is not approved by the United States Food and Drug Administration to treat, cure, or prevent any disease."; or (D) "Do not operate a vehicle or machinery under the influence of marijuana." (3) A dispensary shall not make any deceptive, false, or misleading assertion or statement on any informational material, any sign, or any document provided to a consumer. (4) A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations: (A) Within one thousand feet (1,000') of the perimeter of a public or private school or daycare center; (B) On or in a public transit vehicle or public transit shelter; or (C) On or in a publicly owned or operated property. (5) (A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the dispensary has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age. (B) Upon request by the Alcoholic Beverage Control Division, a dispensary shall provide the evidence relied upon to make the determination that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age. (6) A cultivation facility or dispensary shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure. (7) A cultivation facility or dispensary, or both, shall not use any of the following images within an advertisement: (A) A cross of any color; (B) A caduceus; or (C) Any other symbol that is commonly associated with the practice of medicine or the practice of pharmacy.

(1) Advertising for medical marijuana by a dispensary shall not: (A) Contain a statement that is deceptive, false, or misleading; (B) Contain any content that can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) Any other similar item or image typically marketed to children; (C) Encourage the transportation of medical marijuana across state lines; (D) Display consumption of marijuana; (E) Contain material that encourages or promotes marijuana for use as an intoxicant; or (F) Contain material that encourages excessive or rapid use or consumption of medical marijuana.

(A) Contain a statement that is deceptive, false, or misleading;

(B) Contain any content that can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) Any other similar item or image typically marketed to children;

(i) A cartoon character;

(ii) A toy; or

(iii) Any other similar item or image typically marketed to children;

(C) Encourage the transportation of medical marijuana across state lines;

(D) Display consumption of marijuana;

(E) Contain material that encourages or promotes marijuana for use as an intoxicant; or

(F) Contain material that encourages excessive or rapid use or consumption of medical marijuana.

(2) Advertising and marketing for medical marijuana shall include at least one (1) of the following statements: (A) "Marijuana is for use by qualified patients only. Keep out of reach of children."; (B) "Marijuana use during pregnancy or breastfeeding poses potential harms to an unborn child or child."; (C) "Marijuana is not approved by the United States Food and Drug Administration to treat, cure, or prevent any disease."; or (D) "Do not operate a vehicle or machinery under the influence of marijuana."

(A) "Marijuana is for use by qualified patients only. Keep out of reach of children.";

(B) "Marijuana use during pregnancy or breastfeeding poses potential harms to an unborn child or child.";

(C) "Marijuana is not approved by the United States Food and Drug Administration to treat, cure, or prevent any disease."; or

(D) "Do not operate a vehicle or machinery under the influence of marijuana."

(3) A dispensary shall not make any deceptive, false, or misleading assertion or statement on any informational material, any sign, or any document provided to a consumer.

(4) A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations: (A) Within one thousand feet (1,000') of the perimeter of a public or private school or daycare center; (B) On or in a public transit vehicle or public transit shelter; or (C) On or in a publicly owned or operated property.

(A) Within one thousand feet (1,000') of the perimeter of a public or private school or daycare center;

(B) On or in a public transit vehicle or public transit shelter; or

(C) On or in a publicly owned or operated property.

(5) (A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the dispensary has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age. (B) Upon request by the Alcoholic Beverage Control Division, a dispensary shall provide the evidence relied upon to make the determination that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age.

(A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the dispensary has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age.

(B) Upon request by the Alcoholic Beverage Control Division, a dispensary shall provide the evidence relied upon to make the determination that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age.

(6) A cultivation facility or dispensary shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure.

(7) A cultivation facility or dispensary, or both, shall not use any of the following images within an advertisement: (A) A cross of any color; (B) A caduceus; or (C) Any other symbol that is commonly associated with the practice of medicine or the practice of pharmacy.

(A) A cross of any color;

(B) A caduceus; or

(C) Any other symbol that is commonly associated with the practice of medicine or the practice of pharmacy.

(c) (1) A cultivation facility or dispensary shall have no more than three (3) signs visible to the general public from the public right-of-way that identify the cultivation facility or dispensary by the business name of the cultivation facility or dispensary. (2) A sign shall not exceed thirty-six square feet (36 sq. ft.) in length or width. (3) A sign shall be placed inside the window of the cultivation facility or dispensary or attached to the outside of the building of the cultivation facility or dispensary. (4) A sign shall not display any content or symbol that: (A) Can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) A similar image or item typically marketed to children; or (B) Is commonly associated with the practice of medicine or the practice of pharmacy, including without limitation: (i) A cross of any color; (ii) A caduceus; or (iii) Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or health care in general.

(1) A cultivation facility or dispensary shall have no more than three (3) signs visible to the general public from the public right-of-way that identify the cultivation facility or dispensary by the business name of the cultivation facility or dispensary.

(2) A sign shall not exceed thirty-six square feet (36 sq. ft.) in length or width.

(3) A sign shall be placed inside the window of the cultivation facility or dispensary or attached to the outside of the building of the cultivation facility or dispensary.

(4) A sign shall not display any content or symbol that: (A) Can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) A similar image or item typically marketed to children; or (B) Is commonly associated with the practice of medicine or the practice of pharmacy, including without limitation: (i) A cross of any color; (ii) A caduceus; or (iii) Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or health care in general.

(A) Can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) A similar image or item typically marketed to children; or

(i) A cartoon character;

(ii) A toy; or

(iii) A similar image or item typically marketed to children; or

(B) Is commonly associated with the practice of medicine or the practice of pharmacy, including without limitation: (i) A cross of any color; (ii) A caduceus; or (iii) Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or health care in general.

(i) A cross of any color;

(ii) A caduceus; or

(iii) Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or health care in general.

Amended by Act 2023, No. 205,§ 5, eff. 8/1/2023.

Amended by Act 2021, No. 342,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 928,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-60-204 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-204
Exceptions
Status: in_force

(a) (1) The Secretary of the Department of Agriculture shall, by rule and under conditions regarding labeling, sanitary standards, practices, and procedures he or she may prescribe, exempt from specific provisions of this subchapter: (A) A livestock producer with respect to livestock carcasses, parts of livestock carcasses, and meat food products, processed by the livestock producer from livestock of the livestock producer's own raising on the producer's own farm and used by the livestock producer for personal or private consumption, but in no instance in which the meat or meat food product is to be offered or used for public consumption; (B) A person slaughtering livestock or otherwise processing or handling livestock carcasses, parts of livestock carcasses, or meat food products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the secretary determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this subchapter; and (C) Any establishment engaged in slaughtering livestock or processing livestock carcasses, parts of livestock carcasses, or meat food products for intrastate commerce and the livestock carcass, part of a livestock carcass, or meat food product processed by the establishment when the establishment is subject to inspection under a city ordinance that sets standards in conformity with the minimum standards determined by the secretary. (2) The secretary may, by order, suspend or terminate any exemption under this section with respect to any person whenever the secretary finds that the action will aid in effectuating the purposes of this subchapter. (b) This subchapter does not apply to: (1) Any act or transaction subject to regulation under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, if the standards required under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, are in conformity with the minimum standards determined by the secretary; (2) The custom slaughtering by any person of livestock for direct producer-to-consumer transactions in compliance with all applicable state laws and rules and federal laws and regulations; or (3) (A) The custom slaughtering by any person of livestock delivered by the owner of the livestock for the slaughter and the preparation by the slaughterer and transportation in commerce of the livestock carcass, parts of the livestock carcass, meat, and meat food products, exclusively for use in the household of the owner by the owner, members of the owner's household, and the owner's nonpaying guests and employees. (B) To maintain the exemption under this subsection: (i) The custom establishment shall comply with the rules promulgated by the secretary to insure that any livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared, or any containers containing uninspected, exempted custom meat and meat food products, are separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale; (ii) Unless processed for a direct producer-to-consumer transaction, all uninspected meat and meat food products prepared on an exempted custom basis shall be plainly marked "Not For Sale" immediately after being prepared and remain marked "Not For Sale" until delivered to the owner; (iii) The official establishment conducting the exempted custom operation shall be maintained and operated in a sanitary manner; and (iv) The meat and meat food products prepared shall not be adulterated, mislabeled, or misbranded according to this subchapter. (c) This subchapter does not affect any existing right of cities or towns to levy occupation taxes or license fees against official establishments covered in this subchapter. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2209, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2208, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5073, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5072, eff. 7/1/2019. Acts 1967, No. 320, §§ 10, 15; 1969, No. 351, § 1; 1973, No. 311, § 1; A.S.A. 1947, §§ 82-2010, 82-2015.

(a) (1) The Secretary of the Department of Agriculture shall, by rule and under conditions regarding labeling, sanitary standards, practices, and procedures he or she may prescribe, exempt from specific provisions of this subchapter: (A) A livestock producer with respect to livestock carcasses, parts of livestock carcasses, and meat food products, processed by the livestock producer from livestock of the livestock producer's own raising on the producer's own farm and used by the livestock producer for personal or private consumption, but in no instance in which the meat or meat food product is to be offered or used for public consumption; (B) A person slaughtering livestock or otherwise processing or handling livestock carcasses, parts of livestock carcasses, or meat food products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the secretary determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this subchapter; and (C) Any establishment engaged in slaughtering livestock or processing livestock carcasses, parts of livestock carcasses, or meat food products for intrastate commerce and the livestock carcass, part of a livestock carcass, or meat food product processed by the establishment when the establishment is subject to inspection under a city ordinance that sets standards in conformity with the minimum standards determined by the secretary. (2) The secretary may, by order, suspend or terminate any exemption under this section with respect to any person whenever the secretary finds that the action will aid in effectuating the purposes of this subchapter.

(1) The Secretary of the Department of Agriculture shall, by rule and under conditions regarding labeling, sanitary standards, practices, and procedures he or she may prescribe, exempt from specific provisions of this subchapter: (A) A livestock producer with respect to livestock carcasses, parts of livestock carcasses, and meat food products, processed by the livestock producer from livestock of the livestock producer's own raising on the producer's own farm and used by the livestock producer for personal or private consumption, but in no instance in which the meat or meat food product is to be offered or used for public consumption; (B) A person slaughtering livestock or otherwise processing or handling livestock carcasses, parts of livestock carcasses, or meat food products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the secretary determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this subchapter; and (C) Any establishment engaged in slaughtering livestock or processing livestock carcasses, parts of livestock carcasses, or meat food products for intrastate commerce and the livestock carcass, part of a livestock carcass, or meat food product processed by the establishment when the establishment is subject to inspection under a city ordinance that sets standards in conformity with the minimum standards determined by the secretary.

(A) A livestock producer with respect to livestock carcasses, parts of livestock carcasses, and meat food products, processed by the livestock producer from livestock of the livestock producer's own raising on the producer's own farm and used by the livestock producer for personal or private consumption, but in no instance in which the meat or meat food product is to be offered or used for public consumption;

(B) A person slaughtering livestock or otherwise processing or handling livestock carcasses, parts of livestock carcasses, or meat food products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the secretary determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this subchapter; and

(C) Any establishment engaged in slaughtering livestock or processing livestock carcasses, parts of livestock carcasses, or meat food products for intrastate commerce and the livestock carcass, part of a livestock carcass, or meat food product processed by the establishment when the establishment is subject to inspection under a city ordinance that sets standards in conformity with the minimum standards determined by the secretary.

(2) The secretary may, by order, suspend or terminate any exemption under this section with respect to any person whenever the secretary finds that the action will aid in effectuating the purposes of this subchapter.

(b) This subchapter does not apply to: (1) Any act or transaction subject to regulation under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, if the standards required under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, are in conformity with the minimum standards determined by the secretary; (2) The custom slaughtering by any person of livestock for direct producer-to-consumer transactions in compliance with all applicable state laws and rules and federal laws and regulations; or (3) (A) The custom slaughtering by any person of livestock delivered by the owner of the livestock for the slaughter and the preparation by the slaughterer and transportation in commerce of the livestock carcass, parts of the livestock carcass, meat, and meat food products, exclusively for use in the household of the owner by the owner, members of the owner's household, and the owner's nonpaying guests and employees. (B) To maintain the exemption under this subsection: (i) The custom establishment shall comply with the rules promulgated by the secretary to insure that any livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared, or any containers containing uninspected, exempted custom meat and meat food products, are separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale; (ii) Unless processed for a direct producer-to-consumer transaction, all uninspected meat and meat food products prepared on an exempted custom basis shall be plainly marked "Not For Sale" immediately after being prepared and remain marked "Not For Sale" until delivered to the owner; (iii) The official establishment conducting the exempted custom operation shall be maintained and operated in a sanitary manner; and (iv) The meat and meat food products prepared shall not be adulterated, mislabeled, or misbranded according to this subchapter.

(1) Any act or transaction subject to regulation under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, if the standards required under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, are in conformity with the minimum standards determined by the secretary;

(2) The custom slaughtering by any person of livestock for direct producer-to-consumer transactions in compliance with all applicable state laws and rules and federal laws and regulations; or

(3) (A) The custom slaughtering by any person of livestock delivered by the owner of the livestock for the slaughter and the preparation by the slaughterer and transportation in commerce of the livestock carcass, parts of the livestock carcass, meat, and meat food products, exclusively for use in the household of the owner by the owner, members of the owner's household, and the owner's nonpaying guests and employees. (B) To maintain the exemption under this subsection: (i) The custom establishment shall comply with the rules promulgated by the secretary to insure that any livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared, or any containers containing uninspected, exempted custom meat and meat food products, are separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale; (ii) Unless processed for a direct producer-to-consumer transaction, all uninspected meat and meat food products prepared on an exempted custom basis shall be plainly marked "Not For Sale" immediately after being prepared and remain marked "Not For Sale" until delivered to the owner; (iii) The official establishment conducting the exempted custom operation shall be maintained and operated in a sanitary manner; and (iv) The meat and meat food products prepared shall not be adulterated, mislabeled, or misbranded according to this subchapter.

(A) The custom slaughtering by any person of livestock delivered by the owner of the livestock for the slaughter and the preparation by the slaughterer and transportation in commerce of the livestock carcass, parts of the livestock carcass, meat, and meat food products, exclusively for use in the household of the owner by the owner, members of the owner's household, and the owner's nonpaying guests and employees.

(B) To maintain the exemption under this subsection: (i) The custom establishment shall comply with the rules promulgated by the secretary to insure that any livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared, or any containers containing uninspected, exempted custom meat and meat food products, are separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale; (ii) Unless processed for a direct producer-to-consumer transaction, all uninspected meat and meat food products prepared on an exempted custom basis shall be plainly marked "Not For Sale" immediately after being prepared and remain marked "Not For Sale" until delivered to the owner; (iii) The official establishment conducting the exempted custom operation shall be maintained and operated in a sanitary manner; and (iv) The meat and meat food products prepared shall not be adulterated, mislabeled, or misbranded according to this subchapter.

(i) The custom establishment shall comply with the rules promulgated by the secretary to insure that any livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared, or any containers containing uninspected, exempted custom meat and meat food products, are separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale;

(ii) Unless processed for a direct producer-to-consumer transaction, all uninspected meat and meat food products prepared on an exempted custom basis shall be plainly marked "Not For Sale" immediately after being prepared and remain marked "Not For Sale" until delivered to the owner;

(iii) The official establishment conducting the exempted custom operation shall be maintained and operated in a sanitary manner; and

(iv) The meat and meat food products prepared shall not be adulterated, mislabeled, or misbranded according to this subchapter.

(c) This subchapter does not affect any existing right of cities or towns to levy occupation taxes or license fees against official establishments covered in this subchapter.

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Amended by Act 2019, No. 315,§ 2209, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2208, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5073, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5072, eff. 7/1/2019.

Acts 1967, No. 320, §§ 10, 15; 1969, No. 351, § 1; 1973, No. 311, § 1; A.S.A. 1947, §§ 82-2010, 82-2015.
Ark. Code Ann. § 20-10-403 — AR Code / Title 20 / Chapter 10 / Subchapter 4 / Section 20-10-403
Qualifications
Status: in_force

(a) The Office of Long-Term Care is vested with the authority and duty to prescribe minimum qualifications for long-term care facility administrators and license persons as long-term care facility administrators who make application for licensure and meet the minimum qualifications as prescribed in this section and by rule of the office. (b) No license shall be issued to a person as a long-term care facility administrator unless: (1) He or she is at least twenty-one (21) years of age, of good moral character, and of sound physical and mental health; (2) He or she has: (A) Satisfactorily completed a course of instruction and training prescribed by the office. The course shall be so designed as to content and administered so as to present sufficient knowledge of the needs properly to be served by long-term care facilities, laws governing the operation of long-term care facilities and the protection of the interests of patients therein, and the elements of good long-term care facility administration; (B) Presented evidence satisfactory to the office of sufficient education, training, or experience in the foregoing field to administer, supervise, and manage a long-term care facility; or (C) Participated for one (1) year in an administrator-in-training program approved by the office; and (3) He or she has passed an examination administered by the office and designed to test for competence in the subject matter referred to in subdivision (b)(2) of this section. Amended by Act 2019, No. 315,§ 1875, eff. 7/24/2019. Acts 1969, No. 58, § 2; 1975, No. 119, § 2; A.S.A. 1947, § 82-2202.

(a) The Office of Long-Term Care is vested with the authority and duty to prescribe minimum qualifications for long-term care facility administrators and license persons as long-term care facility administrators who make application for licensure and meet the minimum qualifications as prescribed in this section and by rule of the office.

(b) No license shall be issued to a person as a long-term care facility administrator unless: (1) He or she is at least twenty-one (21) years of age, of good moral character, and of sound physical and mental health; (2) He or she has: (A) Satisfactorily completed a course of instruction and training prescribed by the office. The course shall be so designed as to content and administered so as to present sufficient knowledge of the needs properly to be served by long-term care facilities, laws governing the operation of long-term care facilities and the protection of the interests of patients therein, and the elements of good long-term care facility administration; (B) Presented evidence satisfactory to the office of sufficient education, training, or experience in the foregoing field to administer, supervise, and manage a long-term care facility; or (C) Participated for one (1) year in an administrator-in-training program approved by the office; and (3) He or she has passed an examination administered by the office and designed to test for competence in the subject matter referred to in subdivision (b)(2) of this section.

(1) He or she is at least twenty-one (21) years of age, of good moral character, and of sound physical and mental health;

(2) He or she has: (A) Satisfactorily completed a course of instruction and training prescribed by the office. The course shall be so designed as to content and administered so as to present sufficient knowledge of the needs properly to be served by long-term care facilities, laws governing the operation of long-term care facilities and the protection of the interests of patients therein, and the elements of good long-term care facility administration; (B) Presented evidence satisfactory to the office of sufficient education, training, or experience in the foregoing field to administer, supervise, and manage a long-term care facility; or (C) Participated for one (1) year in an administrator-in-training program approved by the office; and

(A) Satisfactorily completed a course of instruction and training prescribed by the office. The course shall be so designed as to content and administered so as to present sufficient knowledge of the needs properly to be served by long-term care facilities, laws governing the operation of long-term care facilities and the protection of the interests of patients therein, and the elements of good long-term care facility administration;

(B) Presented evidence satisfactory to the office of sufficient education, training, or experience in the foregoing field to administer, supervise, and manage a long-term care facility; or

(C) Participated for one (1) year in an administrator-in-training program approved by the office; and

(3) He or she has passed an examination administered by the office and designed to test for competence in the subject matter referred to in subdivision (b)(2) of this section.

Amended by Act 2019, No. 315,§ 1875, eff. 7/24/2019.

Acts 1969, No. 58, § 2; 1975, No. 119, § 2; A.S.A. 1947, § 82-2202.
Ark. Code Ann. § 20-13-1805 — AR Code / Title 20 / Chapter 13 / Subchapter 18 / Section 20-13-1805
Opioid antagonist - Mandatory prescription - Definitions
Status: in_force

(a) As used in this section: (1) "Coprescribe" means to provide a prescription for an opioid antagonist when prescribing or dispensing an opioid; (2) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and (3) "Opioid antagonist" means naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression. (b) (1) Except as provided under subdivision (b)(2) of this section, a healthcare professional shall coprescribe an opioid antagonist to a patient who does not have an existing prescription for an opioid antagonist when prescribing or dispensing an opioid if: (A) The opioid dosage prescribed or dispensed is equal to or in excess of fifty morphine milligram equivalents (50 MME) per day; (B) A benzodiazepine has been prescribed or dispensed for the patient in the past or will be prescribed or dispensed at the same time as the opioid; or (C) The patient has a history of opioid use disorder or drug overdose. (2) If a healthcare professional does not believe that it is in the best interest of a patient to coprescribe an opioid antagonist, the healthcare professional shall make documentation to that effect as provided in the guidance or rules of the appropriate licensing entity. (c) A healthcare professional who coprescribes an opioid antagonist as required under subdivision (b)(1) of this section shall provide counseling and patient education to a patient, or a patient's parent or guardian if the patient is less than eighteen (18) years of age, as provided in the guidance or rules of the appropriate licensing entity. (d) A healthcare professional who fails to coprescribe an opioid antagonist as required under this section may be referred to the appropriate licensing board for administrative sanctions or disciplinary action. (e) (1) (A) No later than six (6) months after July 28, 2021, the Arkansas State Medical Board and the Arkansas State Board of Pharmacy shall jointly develop and publish guidance or rules that address the circumstances in which a healthcare professional is required to prescribe or dispense, or both, an opioid antagonist to a patient when prescribing or dispensing an opioid. (B) The guidance or rules described in subdivision (e)(1)(A) of this section shall: (i) At a minimum, establish coprescribing requirements based on: (a) The daily dosage specified in subdivision (b)(1)(A) of this section; (b) The number of days for which the opioid prescription is written or dispensed; (c) A patient's past or current history of benzodiazepine prescriptions; and (d) A patient's history of substance use disorder or overdose; and (ii) Include provisions for documentation and patient counseling that address use of an opioid antagonist, overdose prevention, and situations in which the healthcare professional determines coprescribing is inappropriate for a particular patient. (C) Counseling and patient education shall utilize guidelines and recommendations from nationally recognized organizations such as the United States Food and Drug Administration and the Centers for Disease Control and Prevention. (2) A licensing entity that is authorized to license an individual to prescribe opioids shall promulgate guidance or rules concerning the coprescribing of an opioid antagonist that are no less restrictive than those adopted by the Arkansas State Medical Board and the Arkansas State Board of Pharmacy. (3) A licensing entity described in subdivision (e)(2) of this section includes without limitation: (A) The Arkansas State Board of Nursing; (B) The Arkansas State Board of Dental Examiners; (C) The State Board of Optometry; and (D) The Arkansas Board of Podiatric Medicine. (f) This section does not: (1) Apply to a patient receiving hospice or other end-of-life care; (2) Create a private right of action against a healthcare provider; or (3) Limit liability of a healthcare provider for failure to properly diagnose or treat a patient. Added by Act 2021, No. 651,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Coprescribe" means to provide a prescription for an opioid antagonist when prescribing or dispensing an opioid; (2) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and (3) "Opioid antagonist" means naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression.

(1) "Coprescribe" means to provide a prescription for an opioid antagonist when prescribing or dispensing an opioid;

(2) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and

(3) "Opioid antagonist" means naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression.

(b) (1) Except as provided under subdivision (b)(2) of this section, a healthcare professional shall coprescribe an opioid antagonist to a patient who does not have an existing prescription for an opioid antagonist when prescribing or dispensing an opioid if: (A) The opioid dosage prescribed or dispensed is equal to or in excess of fifty morphine milligram equivalents (50 MME) per day; (B) A benzodiazepine has been prescribed or dispensed for the patient in the past or will be prescribed or dispensed at the same time as the opioid; or (C) The patient has a history of opioid use disorder or drug overdose. (2) If a healthcare professional does not believe that it is in the best interest of a patient to coprescribe an opioid antagonist, the healthcare professional shall make documentation to that effect as provided in the guidance or rules of the appropriate licensing entity.

(1) Except as provided under subdivision (b)(2) of this section, a healthcare professional shall coprescribe an opioid antagonist to a patient who does not have an existing prescription for an opioid antagonist when prescribing or dispensing an opioid if: (A) The opioid dosage prescribed or dispensed is equal to or in excess of fifty morphine milligram equivalents (50 MME) per day; (B) A benzodiazepine has been prescribed or dispensed for the patient in the past or will be prescribed or dispensed at the same time as the opioid; or (C) The patient has a history of opioid use disorder or drug overdose.

(A) The opioid dosage prescribed or dispensed is equal to or in excess of fifty morphine milligram equivalents (50 MME) per day;

(B) A benzodiazepine has been prescribed or dispensed for the patient in the past or will be prescribed or dispensed at the same time as the opioid; or

(C) The patient has a history of opioid use disorder or drug overdose.

(2) If a healthcare professional does not believe that it is in the best interest of a patient to coprescribe an opioid antagonist, the healthcare professional shall make documentation to that effect as provided in the guidance or rules of the appropriate licensing entity.

(c) A healthcare professional who coprescribes an opioid antagonist as required under subdivision (b)(1) of this section shall provide counseling and patient education to a patient, or a patient's parent or guardian if the patient is less than eighteen (18) years of age, as provided in the guidance or rules of the appropriate licensing entity.

(d) A healthcare professional who fails to coprescribe an opioid antagonist as required under this section may be referred to the appropriate licensing board for administrative sanctions or disciplinary action.

(e) (1) (A) No later than six (6) months after July 28, 2021, the Arkansas State Medical Board and the Arkansas State Board of Pharmacy shall jointly develop and publish guidance or rules that address the circumstances in which a healthcare professional is required to prescribe or dispense, or both, an opioid antagonist to a patient when prescribing or dispensing an opioid. (B) The guidance or rules described in subdivision (e)(1)(A) of this section shall: (i) At a minimum, establish coprescribing requirements based on: (a) The daily dosage specified in subdivision (b)(1)(A) of this section; (b) The number of days for which the opioid prescription is written or dispensed; (c) A patient's past or current history of benzodiazepine prescriptions; and (d) A patient's history of substance use disorder or overdose; and (ii) Include provisions for documentation and patient counseling that address use of an opioid antagonist, overdose prevention, and situations in which the healthcare professional determines coprescribing is inappropriate for a particular patient. (C) Counseling and patient education shall utilize guidelines and recommendations from nationally recognized organizations such as the United States Food and Drug Administration and the Centers for Disease Control and Prevention. (2) A licensing entity that is authorized to license an individual to prescribe opioids shall promulgate guidance or rules concerning the coprescribing of an opioid antagonist that are no less restrictive than those adopted by the Arkansas State Medical Board and the Arkansas State Board of Pharmacy. (3) A licensing entity described in subdivision (e)(2) of this section includes without limitation: (A) The Arkansas State Board of Nursing; (B) The Arkansas State Board of Dental Examiners; (C) The State Board of Optometry; and (D) The Arkansas Board of Podiatric Medicine.

(1) (A) No later than six (6) months after July 28, 2021, the Arkansas State Medical Board and the Arkansas State Board of Pharmacy shall jointly develop and publish guidance or rules that address the circumstances in which a healthcare professional is required to prescribe or dispense, or both, an opioid antagonist to a patient when prescribing or dispensing an opioid. (B) The guidance or rules described in subdivision (e)(1)(A) of this section shall: (i) At a minimum, establish coprescribing requirements based on: (a) The daily dosage specified in subdivision (b)(1)(A) of this section; (b) The number of days for which the opioid prescription is written or dispensed; (c) A patient's past or current history of benzodiazepine prescriptions; and (d) A patient's history of substance use disorder or overdose; and (ii) Include provisions for documentation and patient counseling that address use of an opioid antagonist, overdose prevention, and situations in which the healthcare professional determines coprescribing is inappropriate for a particular patient. (C) Counseling and patient education shall utilize guidelines and recommendations from nationally recognized organizations such as the United States Food and Drug Administration and the Centers for Disease Control and Prevention.

(A) No later than six (6) months after July 28, 2021, the Arkansas State Medical Board and the Arkansas State Board of Pharmacy shall jointly develop and publish guidance or rules that address the circumstances in which a healthcare professional is required to prescribe or dispense, or both, an opioid antagonist to a patient when prescribing or dispensing an opioid.

(B) The guidance or rules described in subdivision (e)(1)(A) of this section shall: (i) At a minimum, establish coprescribing requirements based on: (a) The daily dosage specified in subdivision (b)(1)(A) of this section; (b) The number of days for which the opioid prescription is written or dispensed; (c) A patient's past or current history of benzodiazepine prescriptions; and (d) A patient's history of substance use disorder or overdose; and (ii) Include provisions for documentation and patient counseling that address use of an opioid antagonist, overdose prevention, and situations in which the healthcare professional determines coprescribing is inappropriate for a particular patient.

(i) At a minimum, establish coprescribing requirements based on: (a) The daily dosage specified in subdivision (b)(1)(A) of this section; (b) The number of days for which the opioid prescription is written or dispensed; (c) A patient's past or current history of benzodiazepine prescriptions; and (d) A patient's history of substance use disorder or overdose; and

(a) The daily dosage specified in subdivision (b)(1)(A) of this section;

(b) The number of days for which the opioid prescription is written or dispensed;

(c) A patient's past or current history of benzodiazepine prescriptions; and

(d) A patient's history of substance use disorder or overdose; and

(ii) Include provisions for documentation and patient counseling that address use of an opioid antagonist, overdose prevention, and situations in which the healthcare professional determines coprescribing is inappropriate for a particular patient.

(C) Counseling and patient education shall utilize guidelines and recommendations from nationally recognized organizations such as the United States Food and Drug Administration and the Centers for Disease Control and Prevention.

(2) A licensing entity that is authorized to license an individual to prescribe opioids shall promulgate guidance or rules concerning the coprescribing of an opioid antagonist that are no less restrictive than those adopted by the Arkansas State Medical Board and the Arkansas State Board of Pharmacy.

(3) A licensing entity described in subdivision (e)(2) of this section includes without limitation: (A) The Arkansas State Board of Nursing; (B) The Arkansas State Board of Dental Examiners; (C) The State Board of Optometry; and (D) The Arkansas Board of Podiatric Medicine.

(A) The Arkansas State Board of Nursing;

(B) The Arkansas State Board of Dental Examiners;

(C) The State Board of Optometry; and

(D) The Arkansas Board of Podiatric Medicine.

(f) This section does not: (1) Apply to a patient receiving hospice or other end-of-life care; (2) Create a private right of action against a healthcare provider; or (3) Limit liability of a healthcare provider for failure to properly diagnose or treat a patient.

(1) Apply to a patient receiving hospice or other end-of-life care;

(2) Create a private right of action against a healthcare provider; or

(3) Limit liability of a healthcare provider for failure to properly diagnose or treat a patient.

Added by Act 2021, No. 651,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-27-1312 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1312
Criminal penalties
Status: in_force

(a) Except as provided in subsection (b) of this section, any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter shall be guilty of a Class A misdemeanor. (b) (1) It shall be unlawful for a person to: (A) Violate any provision of this subchapter or any rule or order issued under this subchapter and leave the state or remove his or her person from the jurisdiction of this state; (B) Purposely, knowingly, or recklessly conduct blasting in a manner prohibited by this subchapter or any rule or order issued under this subchapter and thereby create a substantial likelihood of adversely affecting the health, safety, welfare, or property of any person, including the state or any political subdivision of the state; or (C) Purposely or knowingly make any false statement, representation, omission, or certification in any document required to be maintained under this subchapter or to falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter. (2) A person who violates this subsection shall be guilty of a Class D felony. Amended by Act 2019, No. 315,§ 2115, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2114, eff. 7/24/2019. Acts 1995, No. 814, § 3.

(a) Except as provided in subsection (b) of this section, any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter shall be guilty of a Class A misdemeanor.

(b) (1) It shall be unlawful for a person to: (A) Violate any provision of this subchapter or any rule or order issued under this subchapter and leave the state or remove his or her person from the jurisdiction of this state; (B) Purposely, knowingly, or recklessly conduct blasting in a manner prohibited by this subchapter or any rule or order issued under this subchapter and thereby create a substantial likelihood of adversely affecting the health, safety, welfare, or property of any person, including the state or any political subdivision of the state; or (C) Purposely or knowingly make any false statement, representation, omission, or certification in any document required to be maintained under this subchapter or to falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter. (2) A person who violates this subsection shall be guilty of a Class D felony.

(1) It shall be unlawful for a person to: (A) Violate any provision of this subchapter or any rule or order issued under this subchapter and leave the state or remove his or her person from the jurisdiction of this state; (B) Purposely, knowingly, or recklessly conduct blasting in a manner prohibited by this subchapter or any rule or order issued under this subchapter and thereby create a substantial likelihood of adversely affecting the health, safety, welfare, or property of any person, including the state or any political subdivision of the state; or (C) Purposely or knowingly make any false statement, representation, omission, or certification in any document required to be maintained under this subchapter or to falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter.

(A) Violate any provision of this subchapter or any rule or order issued under this subchapter and leave the state or remove his or her person from the jurisdiction of this state;

(B) Purposely, knowingly, or recklessly conduct blasting in a manner prohibited by this subchapter or any rule or order issued under this subchapter and thereby create a substantial likelihood of adversely affecting the health, safety, welfare, or property of any person, including the state or any political subdivision of the state; or

(C) Purposely or knowingly make any false statement, representation, omission, or certification in any document required to be maintained under this subchapter or to falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter.

(2) A person who violates this subsection shall be guilty of a Class D felony.

Amended by Act 2019, No. 315,§ 2115, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2114, eff. 7/24/2019.

Acts 1995, No. 814, § 3.
Ark. Code Ann. § 20-10-1209 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1209
Civil enforcement
Status: in_force

(a) (1) Any resident who is injured by a deprivation or infringement of his or her rights as specified in this subchapter may bring a cause of action under § 16-114-201 et seq., against any licensee responsible for the deprivation or infringement. (2) The action may be brought by the resident or his or her guardian or by the personal representative of the estate of a deceased resident. (3) The action may be brought in any court of competent jurisdiction in the county in which the injury occurred or where the licensee is located to enforce such rights and to recover actual and punitive damages. (4) The resident may seek to recover actual damages when there is a finding that an employee of the long-term care facility failed to do something which a reasonably careful person would do or did something which a reasonable person would not do under circumstances similar to those shown by the evidence in the case, which caused an injury due to an infringement or a deprivation of the resident's rights. (5) No separate award of attorney's fees may be made by the court. (b) (1) A licensee shall not be liable for the medical negligence of any physician rendering care or treatment to the resident, except for the services of a medical director as required in this subchapter. (2) Nothing in this subsection shall be construed to protect a licensee from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff. (c) For the purpose of this section, punitive damages may be awarded for conduct which is willful, wanton, gross or flagrant, reckless, or consciously indifferent to the rights of the resident. (d) (1) A deprivation or infringement of rights under this subchapter does not itself create an additional cause of action. (2) However, a deprivation or infringement of rights under this subchapter may be used as evidence of negligence. Amended by Act 2013, No. 1196,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1196,§ 5, eff. 8/16/2013. Acts 1999, No. 1181, § 4.

(a) (1) Any resident who is injured by a deprivation or infringement of his or her rights as specified in this subchapter may bring a cause of action under § 16-114-201 et seq., against any licensee responsible for the deprivation or infringement. (2) The action may be brought by the resident or his or her guardian or by the personal representative of the estate of a deceased resident. (3) The action may be brought in any court of competent jurisdiction in the county in which the injury occurred or where the licensee is located to enforce such rights and to recover actual and punitive damages. (4) The resident may seek to recover actual damages when there is a finding that an employee of the long-term care facility failed to do something which a reasonably careful person would do or did something which a reasonable person would not do under circumstances similar to those shown by the evidence in the case, which caused an injury due to an infringement or a deprivation of the resident's rights. (5) No separate award of attorney's fees may be made by the court.

(1) Any resident who is injured by a deprivation or infringement of his or her rights as specified in this subchapter may bring a cause of action under § 16-114-201 et seq., against any licensee responsible for the deprivation or infringement.

(2) The action may be brought by the resident or his or her guardian or by the personal representative of the estate of a deceased resident.

(3) The action may be brought in any court of competent jurisdiction in the county in which the injury occurred or where the licensee is located to enforce such rights and to recover actual and punitive damages.

(4) The resident may seek to recover actual damages when there is a finding that an employee of the long-term care facility failed to do something which a reasonably careful person would do or did something which a reasonable person would not do under circumstances similar to those shown by the evidence in the case, which caused an injury due to an infringement or a deprivation of the resident's rights.

(5) No separate award of attorney's fees may be made by the court.

(b) (1) A licensee shall not be liable for the medical negligence of any physician rendering care or treatment to the resident, except for the services of a medical director as required in this subchapter. (2) Nothing in this subsection shall be construed to protect a licensee from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff.

(1) A licensee shall not be liable for the medical negligence of any physician rendering care or treatment to the resident, except for the services of a medical director as required in this subchapter.

(2) Nothing in this subsection shall be construed to protect a licensee from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff.

(c) For the purpose of this section, punitive damages may be awarded for conduct which is willful, wanton, gross or flagrant, reckless, or consciously indifferent to the rights of the resident.

(d) (1) A deprivation or infringement of rights under this subchapter does not itself create an additional cause of action. (2) However, a deprivation or infringement of rights under this subchapter may be used as evidence of negligence.

(1) A deprivation or infringement of rights under this subchapter does not itself create an additional cause of action.

(2) However, a deprivation or infringement of rights under this subchapter may be used as evidence of negligence.

Amended by Act 2013, No. 1196,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1196,§ 5, eff. 8/16/2013.

Acts 1999, No. 1181, § 4.
Ark. Code Ann. § 20-60-209 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-209
Inspection and sanitary practices required
Status: in_force

(a) Each official establishment at which livestock are slaughtered or livestock carcasses, parts of livestock carcasses, or meat food products are processed for intrastate commerce shall have the premises, facilities, and equipment inspected and shall be operated in accordance with sanitary practices as required by rules prescribed by the Secretary of the Department of Agriculture for the purpose of preventing the entry into and movement in intrastate commerce of livestock carcasses, parts of livestock carcasses, and meat food products that are unwholesome or adulterated. (b) A livestock carcass, part of a livestock carcass, or meat food product shall not be admitted into any official establishment unless: (1) The livestock carcass, part of a livestock carcass, or meat food product has been prepared under inspection under this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021; or (2) The admission of the livestock carcass, part of a livestock carcass, or meat food product is permitted by rules prescribed by the secretary under this subchapter. (c) The secretary shall refuse to render inspection to any official establishment whose premises, facilities, or equipment, or the operation of the premises, facilities, or equipment of the official establishment, fails to meet the requirements of this section. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2211, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5078, eff. 7/1/2019. Acts 1967, No. 320, § 5; A.S.A. 1947, § 82-2005.

(a) Each official establishment at which livestock are slaughtered or livestock carcasses, parts of livestock carcasses, or meat food products are processed for intrastate commerce shall have the premises, facilities, and equipment inspected and shall be operated in accordance with sanitary practices as required by rules prescribed by the Secretary of the Department of Agriculture for the purpose of preventing the entry into and movement in intrastate commerce of livestock carcasses, parts of livestock carcasses, and meat food products that are unwholesome or adulterated.

(b) A livestock carcass, part of a livestock carcass, or meat food product shall not be admitted into any official establishment unless: (1) The livestock carcass, part of a livestock carcass, or meat food product has been prepared under inspection under this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021; or (2) The admission of the livestock carcass, part of a livestock carcass, or meat food product is permitted by rules prescribed by the secretary under this subchapter.

(1) The livestock carcass, part of a livestock carcass, or meat food product has been prepared under inspection under this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021; or

(2) The admission of the livestock carcass, part of a livestock carcass, or meat food product is permitted by rules prescribed by the secretary under this subchapter.

(c) The secretary shall refuse to render inspection to any official establishment whose premises, facilities, or equipment, or the operation of the premises, facilities, or equipment of the official establishment, fails to meet the requirements of this section.

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Amended by Act 2019, No. 315,§ 2211, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5078, eff. 7/1/2019.

Acts 1967, No. 320, § 5; A.S.A. 1947, § 82-2005.
Ark. Code Ann. § 20-48-1101 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1101
Legislative intent
Status: in_force

The intent of this subchapter is to avoid unnecessary expansion in Medicaid costs and services related to early intervention day treatment services for children or any successor program providing early intervention day treatment to children. Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019. Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

The intent of this subchapter is to avoid unnecessary expansion in Medicaid costs and services related to early intervention day treatment services for children or any successor program providing early intervention day treatment to children.

Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019.

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-32-105 — AR Code / Title 20 / Chapter 32 / Section 20-32-105
Authorization to stop vehicles suspected of transporting commercial medical waste
Status: in_force

(a) (1) The Division of Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may stop vehicles suspected of transporting commercial medical waste to assure that all required permits for transporting the commercial medical waste have been obtained and to enforce all laws and rules relating to the transportation of commercial medical waste. (2) The Division of Arkansas State Police may administer and supervise the program of inspection of vehicles which transport commercial medical waste and have a gross vehicle weight rating of less than ten thousand pounds (10,000 lbs.). The Division of Arkansas State Police shall collect a fee of fifty dollars ($50.00) for each inspection. The fee shall be deposited as special revenues into the State Treasury and distributed to the credit of the Division of Arkansas State Police Fund to defray the costs of administering and supervising the inspection program. (b) The enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may conduct vehicle safety inspections of those vehicles transporting or intended to be utilized to transport commercial medical waste, to inquire into the history of any safety or equipment rule violations of the transporter in any state, and to advise the Department of Health of the results of such inspections and inquiries. Amended by Act 2019, No. 315,§ 2136, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2135, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 62, eff. 8/1/2017. Acts 1992 (1st Ex. Sess.), No. 41, § 8; 1993, No. 412, § 1.

(a) (1) The Division of Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may stop vehicles suspected of transporting commercial medical waste to assure that all required permits for transporting the commercial medical waste have been obtained and to enforce all laws and rules relating to the transportation of commercial medical waste. (2) The Division of Arkansas State Police may administer and supervise the program of inspection of vehicles which transport commercial medical waste and have a gross vehicle weight rating of less than ten thousand pounds (10,000 lbs.). The Division of Arkansas State Police shall collect a fee of fifty dollars ($50.00) for each inspection. The fee shall be deposited as special revenues into the State Treasury and distributed to the credit of the Division of Arkansas State Police Fund to defray the costs of administering and supervising the inspection program.

(1) The Division of Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may stop vehicles suspected of transporting commercial medical waste to assure that all required permits for transporting the commercial medical waste have been obtained and to enforce all laws and rules relating to the transportation of commercial medical waste.

(2) The Division of Arkansas State Police may administer and supervise the program of inspection of vehicles which transport commercial medical waste and have a gross vehicle weight rating of less than ten thousand pounds (10,000 lbs.). The Division of Arkansas State Police shall collect a fee of fifty dollars ($50.00) for each inspection. The fee shall be deposited as special revenues into the State Treasury and distributed to the credit of the Division of Arkansas State Police Fund to defray the costs of administering and supervising the inspection program.

(b) The enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may conduct vehicle safety inspections of those vehicles transporting or intended to be utilized to transport commercial medical waste, to inquire into the history of any safety or equipment rule violations of the transporter in any state, and to advise the Department of Health of the results of such inspections and inquiries.

Amended by Act 2019, No. 315,§ 2136, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2135, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 62, eff. 8/1/2017.

Acts 1992 (1st Ex. Sess.), No. 41, § 8; 1993, No. 412, § 1.
Ark. Code Ann. § 20-10-2507 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2507
State oversight
Status: in_force

(a) The Department of Human Services shall exercise oversight over the compliance of a facility with the requirements of this subchapter to: (1) Ensure that the facility provides continuing education opportunities; (2) Involve observation and assessment of the proficiencies of direct care staff; and (3) Ensure compliance with any other requirements. (b) The department may use all of its enforcement tools to ensure that a facility complies with this subchapter. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

(a) The Department of Human Services shall exercise oversight over the compliance of a facility with the requirements of this subchapter to: (1) Ensure that the facility provides continuing education opportunities; (2) Involve observation and assessment of the proficiencies of direct care staff; and (3) Ensure compliance with any other requirements.

(1) Ensure that the facility provides continuing education opportunities;

(2) Involve observation and assessment of the proficiencies of direct care staff; and

(3) Ensure compliance with any other requirements.

(b) The department may use all of its enforcement tools to ensure that a facility complies with this subchapter.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-16-2503 — AR Code / Title 20 / Chapter 16 / Subchapter 25 / Section 20-16-2503
Informed consent for chemical abortions
Status: in_force

(a) A chemical abortion shall not be performed or induced without the voluntary and informed consent of the pregnant woman upon whom the chemical abortion is to be performed or induced. (b) Except in the case of a medical emergency, consent to a chemical abortion is voluntary and informational only if at least seventy-two (72) hours before the abortion, the healthcare provider who is to perform the chemical abortion or the referring healthcare provider has informed the pregnant woman, orally and in person, of the following: (1) The probable gestational age of the unborn child as determined by patient history and ultrasound results used to confirm the gestational age; (2) A detailed description of the chemical abortion regimen to be used; (3) A detailed list of the risks and complications related to the specific chemical abortion regimen to be used, including without limitation hemorrhage, failure to remove all pregnancy tissue which may require an additional procedure, sepsis or other infections, sterility, possible continuation of pregnancy, and death; (4) Information about Rh incompatibility, including that if the pregnant woman has an Rh negative blood type, she should receive an injection of Rh immunoglobulin at the time of the chemical abortion to prevent Rh incompatibility in future pregnancies, which can lead to complications and miscarriage; (5) The risks of complications from a chemical abortion increase with advancing gestational age; (6) Information on reversing the effects of the chemical abortion if the pregnant woman changes her mind, but that time is of the essence; (7) Human trafficking literature, also known as "Laura's Card", as described in § 16-90-1107 ; (8) Information about post-abortion care, including how to handle and respond to and report complications from the chemical abortion; and (9) Information on scheduling post-abortion medical visits to ensure completion of the abortion, assess the need for additional procedures or care, and assess bleeding or other potential complications. (c) (1) Except in the case of a medical emergency, before a chemical abortion, a pregnant woman shall certify on a written checklist form provided or approved by the Department of Health that the information described in subsection (b) of this section has been provided. (2) (A) The healthcare provider who is to perform the chemical abortion shall receive, sign, and date a copy of the written certification described in subdivision (c)(1) of this section before performing a chemical abortion. (B) The healthcare provider shall retain a copy of the written certification form in the pregnant woman's medical record. Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.

(a) A chemical abortion shall not be performed or induced without the voluntary and informed consent of the pregnant woman upon whom the chemical abortion is to be performed or induced.

(b) Except in the case of a medical emergency, consent to a chemical abortion is voluntary and informational only if at least seventy-two (72) hours before the abortion, the healthcare provider who is to perform the chemical abortion or the referring healthcare provider has informed the pregnant woman, orally and in person, of the following: (1) The probable gestational age of the unborn child as determined by patient history and ultrasound results used to confirm the gestational age; (2) A detailed description of the chemical abortion regimen to be used; (3) A detailed list of the risks and complications related to the specific chemical abortion regimen to be used, including without limitation hemorrhage, failure to remove all pregnancy tissue which may require an additional procedure, sepsis or other infections, sterility, possible continuation of pregnancy, and death; (4) Information about Rh incompatibility, including that if the pregnant woman has an Rh negative blood type, she should receive an injection of Rh immunoglobulin at the time of the chemical abortion to prevent Rh incompatibility in future pregnancies, which can lead to complications and miscarriage; (5) The risks of complications from a chemical abortion increase with advancing gestational age; (6) Information on reversing the effects of the chemical abortion if the pregnant woman changes her mind, but that time is of the essence; (7) Human trafficking literature, also known as "Laura's Card", as described in § 16-90-1107 ; (8) Information about post-abortion care, including how to handle and respond to and report complications from the chemical abortion; and (9) Information on scheduling post-abortion medical visits to ensure completion of the abortion, assess the need for additional procedures or care, and assess bleeding or other potential complications.

(1) The probable gestational age of the unborn child as determined by patient history and ultrasound results used to confirm the gestational age;

(2) A detailed description of the chemical abortion regimen to be used;

(3) A detailed list of the risks and complications related to the specific chemical abortion regimen to be used, including without limitation hemorrhage, failure to remove all pregnancy tissue which may require an additional procedure, sepsis or other infections, sterility, possible continuation of pregnancy, and death;

(4) Information about Rh incompatibility, including that if the pregnant woman has an Rh negative blood type, she should receive an injection of Rh immunoglobulin at the time of the chemical abortion to prevent Rh incompatibility in future pregnancies, which can lead to complications and miscarriage;

(5) The risks of complications from a chemical abortion increase with advancing gestational age;

(6) Information on reversing the effects of the chemical abortion if the pregnant woman changes her mind, but that time is of the essence;

(7) Human trafficking literature, also known as "Laura's Card", as described in § 16-90-1107 ;

(8) Information about post-abortion care, including how to handle and respond to and report complications from the chemical abortion; and

(9) Information on scheduling post-abortion medical visits to ensure completion of the abortion, assess the need for additional procedures or care, and assess bleeding or other potential complications.

(c) (1) Except in the case of a medical emergency, before a chemical abortion, a pregnant woman shall certify on a written checklist form provided or approved by the Department of Health that the information described in subsection (b) of this section has been provided. (2) (A) The healthcare provider who is to perform the chemical abortion shall receive, sign, and date a copy of the written certification described in subdivision (c)(1) of this section before performing a chemical abortion. (B) The healthcare provider shall retain a copy of the written certification form in the pregnant woman's medical record.

(1) Except in the case of a medical emergency, before a chemical abortion, a pregnant woman shall certify on a written checklist form provided or approved by the Department of Health that the information described in subsection (b) of this section has been provided.

(2) (A) The healthcare provider who is to perform the chemical abortion shall receive, sign, and date a copy of the written certification described in subdivision (c)(1) of this section before performing a chemical abortion. (B) The healthcare provider shall retain a copy of the written certification form in the pregnant woman's medical record.

(A) The healthcare provider who is to perform the chemical abortion shall receive, sign, and date a copy of the written certification described in subdivision (c)(1) of this section before performing a chemical abortion.

(B) The healthcare provider shall retain a copy of the written certification form in the pregnant woman's medical record.

Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-27-1011 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1011
Grant requirements - Return of unused funds
Status: in_force

(a) Within thirty (30) days of receiving grant funds under this subchapter, a city or county shall provide a report to the Division of Environmental Quality that includes the following: (1) The manner in which the grant funds were expended by the city or county; (2) The results produced or the progress made using the grant funds; and (3) A copy of each contract, invoice, purchase order, check, and other supporting documentation associated with the expenditures of the grant funds for each stabilization and abatement activity. (b) If the stabilization and abatement activity for which grant funds are approved is not complete at the time of the report required under subsection (a) of this section, the city or county shall: (1) Notify the division of the date the city or county expects the stabilization and abatement activity to be complete; and (2) Continue to report its progress to the division every fourteen (14) days until the approved stabilization and abatement activity is complete and the requirements of this section are met. (c) (1) A city or county that receives grant funds under this subchapter shall immediately return to the division any unused portion of the grant funds when the stabilization and abatement activity is complete. (2) The division shall deposit any unused grant funds returned to the division by a city or county under subdivision (c)(1) of this section into the Asbestos Control Fund to be used exclusively for the Asbestos Abatement Grant Program. Amended by Act 2019, No. 910,§ 3226, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3225, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3224, eff. 7/1/2019. Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.

(a) Within thirty (30) days of receiving grant funds under this subchapter, a city or county shall provide a report to the Division of Environmental Quality that includes the following: (1) The manner in which the grant funds were expended by the city or county; (2) The results produced or the progress made using the grant funds; and (3) A copy of each contract, invoice, purchase order, check, and other supporting documentation associated with the expenditures of the grant funds for each stabilization and abatement activity.

(1) The manner in which the grant funds were expended by the city or county;

(2) The results produced or the progress made using the grant funds; and

(3) A copy of each contract, invoice, purchase order, check, and other supporting documentation associated with the expenditures of the grant funds for each stabilization and abatement activity.

(b) If the stabilization and abatement activity for which grant funds are approved is not complete at the time of the report required under subsection (a) of this section, the city or county shall: (1) Notify the division of the date the city or county expects the stabilization and abatement activity to be complete; and (2) Continue to report its progress to the division every fourteen (14) days until the approved stabilization and abatement activity is complete and the requirements of this section are met.

(1) Notify the division of the date the city or county expects the stabilization and abatement activity to be complete; and

(2) Continue to report its progress to the division every fourteen (14) days until the approved stabilization and abatement activity is complete and the requirements of this section are met.

(c) (1) A city or county that receives grant funds under this subchapter shall immediately return to the division any unused portion of the grant funds when the stabilization and abatement activity is complete. (2) The division shall deposit any unused grant funds returned to the division by a city or county under subdivision (c)(1) of this section into the Asbestos Control Fund to be used exclusively for the Asbestos Abatement Grant Program.

(1) A city or county that receives grant funds under this subchapter shall immediately return to the division any unused portion of the grant funds when the stabilization and abatement activity is complete.

(2) The division shall deposit any unused grant funds returned to the division by a city or county under subdivision (c)(1) of this section into the Asbestos Control Fund to be used exclusively for the Asbestos Abatement Grant Program.

Amended by Act 2019, No. 910,§ 3226, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3225, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3224, eff. 7/1/2019.

Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.
Ark. Code Ann. § 20-17-1103 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1103
Petition - Notice and hearing
Status: in_force

(a) (1) It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice. (2) The notice shall be published one (1) time a week for two (2) consecutive weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated. (3) This notice may be in the following form: Click here to view form. (b) Any number of identical petitions may be circulated and identical petitions with identical names may be filed at any time until the county court acts. (c) (1) On the day named in the notice it shall be the duty of the county court to meet to hear the petition and to determine whether those signing the petition constitute a majority in value. (2) If the county court determines that a majority in value have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners. (3) If it finds that a majority has not signed the petition, it shall enter its order denying the petition. (d) Any petitioner or any opponents of the petition may appeal from the judgment of the county court creating or refusing to create the district, but the appeal must be taken and perfected within thirty (30) days. If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons. Acts 1957, No. 318, § 2; A.S.A. 1947, § 20-1302.

(a) (1) It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice. (2) The notice shall be published one (1) time a week for two (2) consecutive weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated. (3) This notice may be in the following form: Click here to view form.

(1) It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice.

(2) The notice shall be published one (1) time a week for two (2) consecutive weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated.

(3) This notice may be in the following form: Click here to view form.

Click here to view form.

(b) Any number of identical petitions may be circulated and identical petitions with identical names may be filed at any time until the county court acts.

(c) (1) On the day named in the notice it shall be the duty of the county court to meet to hear the petition and to determine whether those signing the petition constitute a majority in value. (2) If the county court determines that a majority in value have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners. (3) If it finds that a majority has not signed the petition, it shall enter its order denying the petition.

(1) On the day named in the notice it shall be the duty of the county court to meet to hear the petition and to determine whether those signing the petition constitute a majority in value.

(2) If the county court determines that a majority in value have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners.

(3) If it finds that a majority has not signed the petition, it shall enter its order denying the petition.

(d) Any petitioner or any opponents of the petition may appeal from the judgment of the county court creating or refusing to create the district, but the appeal must be taken and perfected within thirty (30) days. If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.

Acts 1957, No. 318, § 2; A.S.A. 1947, § 20-1302.

17_1103_1 - Attachment
Ark. Code Ann. § 20-17-902 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-902
Burial in registered cemetery required - Records
Status: in_force

(a) It shall be unlawful to bury a dead body outside of a registered cemetery. (b) The sexton or person in charge of the cemetery shall keep a correct record on a form prescribed by the Department of Health of each body buried in the cemetery. Acts 1929, No. 204, § 3; Pope's Dig., § 6448; Acts 1985, No. 1014, § 3; A.S.A. 1947, § 82-403.

(a) It shall be unlawful to bury a dead body outside of a registered cemetery.

(b) The sexton or person in charge of the cemetery shall keep a correct record on a form prescribed by the Department of Health of each body buried in the cemetery.

Acts 1929, No. 204, § 3; Pope's Dig., § 6448; Acts 1985, No. 1014, § 3; A.S.A. 1947, § 82-403.