Ark. Code Ann. § 20-56-412 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-412
[See Note] Enforcement - Penalties
Status: in_force

(a) It is the duty of all state, county, and city officers to assist Arkansas Tobacco Control in enforcing this subchapter. (b) A person within the jurisdiction of this state who is not permitted to sell hemp-derived products to retailers or consumers and who sells, takes orders from, delivers, or causes to be delivered immediately or in the future any hemp-derived products to retailers or consumers in the State of Arkansas is guilty of a Class A misdemeanor. (c) A person engaged in buying or selling hemp-derived products in this state without first obtaining the proper permit upon conviction is guilty of a Class A misdemeanor. (d) This subchapter does not prohibit in any form the continuous transportation through Arkansas of the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis, from one licensed hemp producer in another state to a licensed hemp handler in another state. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) It is the duty of all state, county, and city officers to assist Arkansas Tobacco Control in enforcing this subchapter.

(b) A person within the jurisdiction of this state who is not permitted to sell hemp-derived products to retailers or consumers and who sells, takes orders from, delivers, or causes to be delivered immediately or in the future any hemp-derived products to retailers or consumers in the State of Arkansas is guilty of a Class A misdemeanor.

(c) A person engaged in buying or selling hemp-derived products in this state without first obtaining the proper permit upon conviction is guilty of a Class A misdemeanor.

(d) This subchapter does not prohibit in any form the continuous transportation through Arkansas of the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis, from one licensed hemp producer in another state to a licensed hemp handler in another state.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-78-207 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-207
Declaratory judgments on licensing rules
Status: in_force

Any rule promulgated by the Division of Child Care and Early Childhood Education under authority of § 20-78-206 or under any other childcare facility licensing law shall, at the suit of any interested person instituted in the Pulaski County Circuit Court, be subject to remedies provided by law for obtaining declaratory judgments. However, the division must be named a party defendant and summoned as in an action by ordinary proceedings. Amended by Act 2019, No. 315,§ 2281, eff. 7/24/2019. Acts 1971, No. 715, § 1; A.S.A. 1947, § 83-917; Acts 1997, No. 1132, § 6.

Any rule promulgated by the Division of Child Care and Early Childhood Education under authority of § 20-78-206 or under any other childcare facility licensing law shall, at the suit of any interested person instituted in the Pulaski County Circuit Court, be subject to remedies provided by law for obtaining declaratory judgments. However, the division must be named a party defendant and summoned as in an action by ordinary proceedings.

Amended by Act 2019, No. 315,§ 2281, eff. 7/24/2019.

Acts 1971, No. 715, § 1; A.S.A. 1947, § 83-917; Acts 1997, No. 1132, § 6.
Ark. Code Ann. § 20-9-901 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-901
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Promote the delivery of quality health care in a cost-effective manner; (2) Foster greater coordination between payors and providers conducting utilization review activities; (3) Protect patients, business, and providers by ensuring that private review agents are qualified to perform utilization activities and to make informed decisions on the appropriateness of medical care; and (4) Ensure that private review agents maintain the confidentiality of medical records. Acts 1989, No. 537, § 2.

The purpose of this subchapter is to:

(1) Promote the delivery of quality health care in a cost-effective manner;

(2) Foster greater coordination between payors and providers conducting utilization review activities;

(3) Protect patients, business, and providers by ensuring that private review agents are qualified to perform utilization activities and to make informed decisions on the appropriateness of medical care; and

(4) Ensure that private review agents maintain the confidentiality of medical records.

Acts 1989, No. 537, § 2.
Ark. Code Ann. § 20-48-409 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-409
Permit to visit
Status: in_force

(a) The Board of Developmental Disabilities Services may, under such conditions and for such length of time as it may deem advisable, permit an individual to leave a human development center for the purpose of visiting in a private home and may revoke or extend the period of the visit or change the conditions upon which it is granted. (b) The board shall, before the granting of a permit to visit, cause an investigation to be made of the home in which the individual is to visit and such other conditions and circumstances as may affect his or her welfare and behavior. (c) The board may provide such supervision of an individual leaving the center for the purpose of a visit as it may deem advisable. (d) An individual receiving a permit to visit shall not be deemed discharged from the center. Acts 1955, No. 6, § 8; A.S.A. 1947, § 59-1108.

(a) The Board of Developmental Disabilities Services may, under such conditions and for such length of time as it may deem advisable, permit an individual to leave a human development center for the purpose of visiting in a private home and may revoke or extend the period of the visit or change the conditions upon which it is granted.

(b) The board shall, before the granting of a permit to visit, cause an investigation to be made of the home in which the individual is to visit and such other conditions and circumstances as may affect his or her welfare and behavior.

(c) The board may provide such supervision of an individual leaving the center for the purpose of a visit as it may deem advisable.

(d) An individual receiving a permit to visit shall not be deemed discharged from the center.

Acts 1955, No. 6, § 8; A.S.A. 1947, § 59-1108.
Ark. Code Ann. § 20-49-201 — AR Code / Title 20 / Chapter 49 / Subchapter 2 / Section 20-49-201
Proceedings generally
Status: in_force

(a) The circuit court shall have exclusive jurisdiction over all proceedings under this chapter, subject to the right of appeal. (b) The venue for all proceedings under this chapter shall be: (1) In the county of this state which is the domicile of the incompetent person; or (2) If the incompetent person is not domiciled in this state but resides in this state, in the county of his or her residence. (c) The court shall, on its own motion, appoint for the person who is allegedly incompetent a guardian ad litem, in compliance with the procedure set forth by law for infant defendants. Amended by Act 2013, No. 1148,§ 58, eff. 8/16/2013. Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

(a) The circuit court shall have exclusive jurisdiction over all proceedings under this chapter, subject to the right of appeal.

(b) The venue for all proceedings under this chapter shall be: (1) In the county of this state which is the domicile of the incompetent person; or (2) If the incompetent person is not domiciled in this state but resides in this state, in the county of his or her residence.

(1) In the county of this state which is the domicile of the incompetent person; or

(2) If the incompetent person is not domiciled in this state but resides in this state, in the county of his or her residence.

(c) The court shall, on its own motion, appoint for the person who is allegedly incompetent a guardian ad litem, in compliance with the procedure set forth by law for infant defendants.

Amended by Act 2013, No. 1148,§ 58, eff. 8/16/2013.

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-22-1001 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1001
Title
Status: in_force

This subchapter may be cited as the "Arkansas Comprehensive Fire Protection Act of 1993". Acts 1993, No. 1303, § 1.

This subchapter may be cited as the "Arkansas Comprehensive Fire Protection Act of 1993".

Acts 1993, No. 1303, § 1.
Ark. Code Ann. § 20-22-1002 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1002
Policy and purpose
Status: in_force

Because of the existing and increasing occurrence of fires that damage and destroy the public and private property of the citizens of Arkansas and because of the increase in population and structures that form the residences, businesses, and institutions of this state and its business, industrial, and environmental resources and threaten the safety, health, and welfare of its citizens, it is found and declared to be necessary: (1) To facilitate the cooperation and efficient coordination of the current state functions related to fire prevention, training, and management through the Office of Fire Protection Services for more effective and economical use of existing personnel, equipment, facilities, and resources; (2) To provide a fire services management system to be responsive to local government for current and future fire services needs related to continued population and economic growth; (3) To direct the designation of fire protection services liaisons within each affected state department or agency and each local government; and (4) To prepare, develop, formulate, and engage in a comprehensive program for the orderly coordination, cooperation, and development of fire protection services resources of the State of Arkansas and its local governments, to be referred to as the "Arkansas Fire Protection Services Resources Plan". Acts 1993, No. 1303, § 2.

Because of the existing and increasing occurrence of fires that damage and destroy the public and private property of the citizens of Arkansas and because of the increase in population and structures that form the residences, businesses, and institutions of this state and its business, industrial, and environmental resources and threaten the safety, health, and welfare of its citizens, it is found and declared to be necessary:

(1) To facilitate the cooperation and efficient coordination of the current state functions related to fire prevention, training, and management through the Office of Fire Protection Services for more effective and economical use of existing personnel, equipment, facilities, and resources;

(2) To provide a fire services management system to be responsive to local government for current and future fire services needs related to continued population and economic growth;

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

(4) To prepare, develop, formulate, and engage in a comprehensive program for the orderly coordination, cooperation, and development of fire protection services resources of the State of Arkansas and its local governments, to be referred to as the "Arkansas Fire Protection Services Resources Plan".

Acts 1993, No. 1303, § 2.
Ark. Code Ann. § 20-77-2811 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2811
State plan amendment
Status: in_force

(a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of emergency medical transportation access payments under § 20-77-2809 , no later than forty-five (45) days after June 15, 2017. (b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall: (1) Not implement the assessment imposed under § 20-77-2803 ; and (2) Return any assessment fees to the medical transportation providers that paid the fees if assessment fees have been collected. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of emergency medical transportation access payments under § 20-77-2809 , no later than forty-five (45) days after June 15, 2017.

(b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall: (1) Not implement the assessment imposed under § 20-77-2803 ; and (2) Return any assessment fees to the medical transportation providers that paid the fees if assessment fees have been collected.

(1) Not implement the assessment imposed under § 20-77-2803 ; and

(2) Return any assessment fees to the medical transportation providers that paid the fees if assessment fees have been collected.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-9-1401 — AR Code / Title 20 / Chapter 9 / Subchapter 14 / Section 20-9-1401
Definitions
Status: in_force

As used in this subchapter: (1) "Childcare facility" means a facility licensed under the Childcare Facility Licensing Act, § 20-78-201 et seq.; (2) "Freestanding birthing center" means a facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' residences following a low-risk pregnancy; (3) "Hospital" means an institution that has been licensed, certified, or approved by the Division of Health Facilities Services as a hospital; (4) (A) "Maternity unit" means a unit or place in a hospital in which women are regularly received and provided care during all or part of the maternity cycle. (B) "Maternity unit" does not include an emergency department or similar place dedicated to providing emergency health care; (5) "Parent" means: (A) Either parent; (B) If the parents are separated or divorced or their marriage has been dissolved or annulled, the parent who is the residential parent and legal custodian of the child; and (C) A prospective adoptive parent with whom a child is placed; and (6) "Shaken baby syndrome" means signs and symptoms resulting from the violent shaking or the shaking and impacting of the head of an infant or child, including without limitation: (A) Retinal hemorrhage; (B) Subdural hematoma; and (C) Cerebral edema. Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.

As used in this subchapter:

(1) "Childcare facility" means a facility licensed under the Childcare Facility Licensing Act, § 20-78-201 et seq.;

(2) "Freestanding birthing center" means a facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' residences following a low-risk pregnancy;

(3) "Hospital" means an institution that has been licensed, certified, or approved by the Division of Health Facilities Services as a hospital;

(4) (A) "Maternity unit" means a unit or place in a hospital in which women are regularly received and provided care during all or part of the maternity cycle. (B) "Maternity unit" does not include an emergency department or similar place dedicated to providing emergency health care;

(A) "Maternity unit" means a unit or place in a hospital in which women are regularly received and provided care during all or part of the maternity cycle.

(B) "Maternity unit" does not include an emergency department or similar place dedicated to providing emergency health care;

(5) "Parent" means: (A) Either parent; (B) If the parents are separated or divorced or their marriage has been dissolved or annulled, the parent who is the residential parent and legal custodian of the child; and (C) A prospective adoptive parent with whom a child is placed; and

(A) Either parent;

(B) If the parents are separated or divorced or their marriage has been dissolved or annulled, the parent who is the residential parent and legal custodian of the child; and

(C) A prospective adoptive parent with whom a child is placed; and

(6) "Shaken baby syndrome" means signs and symptoms resulting from the violent shaking or the shaking and impacting of the head of an infant or child, including without limitation: (A) Retinal hemorrhage; (B) Subdural hematoma; and (C) Cerebral edema.

(A) Retinal hemorrhage;

(B) Subdural hematoma; and

(C) Cerebral edema.

Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-77-1909 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1909
Effectiveness and cessation
Status: in_force

(a) The assessment imposed under § 20-77-1902 shall cease to be imposed, the Medicaid hospital access payments made under § 20-77-1908 shall cease to be paid, and any moneys remaining in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to hospitals in proportion to the amounts paid by them if: (1) The inpatient or outpatient hospital access payments required under § 20-77-1908 are changed or the assessments imposed under § 20-77-1902 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or (2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services: (A) Established Medicaid hospital payment rates that include an offset, in whole or in part, for any hospital access payments under § 20-77-1908 ; or (B) Included the net effect of any hospital access payment under § 20-77-1908 when considering whether Medicaid hospital payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area. (b) (1) The assessment imposed under § 20-77-1902 shall cease to be imposed and the Medicaid hospital access payments under § 20-77-1908 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (2) Moneys in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-1908 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them. Acts 2009, No. 562, § 1; 2011, No. 19, § 4.

(a) The assessment imposed under § 20-77-1902 shall cease to be imposed, the Medicaid hospital access payments made under § 20-77-1908 shall cease to be paid, and any moneys remaining in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to hospitals in proportion to the amounts paid by them if: (1) The inpatient or outpatient hospital access payments required under § 20-77-1908 are changed or the assessments imposed under § 20-77-1902 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or (2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services: (A) Established Medicaid hospital payment rates that include an offset, in whole or in part, for any hospital access payments under § 20-77-1908 ; or (B) Included the net effect of any hospital access payment under § 20-77-1908 when considering whether Medicaid hospital payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(1) The inpatient or outpatient hospital access payments required under § 20-77-1908 are changed or the assessments imposed under § 20-77-1902 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or

(2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services: (A) Established Medicaid hospital payment rates that include an offset, in whole or in part, for any hospital access payments under § 20-77-1908 ; or (B) Included the net effect of any hospital access payment under § 20-77-1908 when considering whether Medicaid hospital payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(A) Established Medicaid hospital payment rates that include an offset, in whole or in part, for any hospital access payments under § 20-77-1908 ; or

(B) Included the net effect of any hospital access payment under § 20-77-1908 when considering whether Medicaid hospital payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(i) Consistent with efficiency, economy, and quality of care; and

(ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(b) (1) The assessment imposed under § 20-77-1902 shall cease to be imposed and the Medicaid hospital access payments under § 20-77-1908 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (2) Moneys in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-1908 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them.

(1) The assessment imposed under § 20-77-1902 shall cease to be imposed and the Medicaid hospital access payments under § 20-77-1908 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(2) Moneys in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-1908 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them.

Acts 2009, No. 562, § 1; 2011, No. 19, § 4.
Ark. Code Ann. § 20-48-408 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-408
Transfer of individuals from other institutions
Status: in_force

(a) The superintendent of a state institution other than a human development center may report to the examining physicians and request the examination of any individual therein deemed intellectually disabled. (b) Upon receipt of the report and request, the examining physicians shall conduct the examination in the county in which the institution having custody of the individual is located and, in the event that it is determined by the examining physicians that the individual is intellectually disabled and will benefit by the services offered by the center, shall file a petition showing those facts with the court originally committing the individual to the institution. (c) Upon receipt of the petition, the court may order the individual transferred to a center. Acts 1955, No. 6, § 7; A.S.A. 1947, § 59-1107.

(a) The superintendent of a state institution other than a human development center may report to the examining physicians and request the examination of any individual therein deemed intellectually disabled.

(b) Upon receipt of the report and request, the examining physicians shall conduct the examination in the county in which the institution having custody of the individual is located and, in the event that it is determined by the examining physicians that the individual is intellectually disabled and will benefit by the services offered by the center, shall file a petition showing those facts with the court originally committing the individual to the institution.

(c) Upon receipt of the petition, the court may order the individual transferred to a center.

Acts 1955, No. 6, § 7; A.S.A. 1947, § 59-1107.
Ark. Code Ann. § 20-76-305 — AR Code / Title 20 / Chapter 76 / Subchapter 3 / Section 20-76-305
Federal Disability Determination Fund - Creation
Status: in_force

There is created and established in the State Treasury a fund to be designated and known as the "Federal Disability Determination Fund", and all moneys received for these purposes shall be deposited into the fund. Acts 1961 (2nd Ex. Sess.), No. 14, § 7; A.S.A. 1947, § 83-807.

There is created and established in the State Treasury a fund to be designated and known as the "Federal Disability Determination Fund", and all moneys received for these purposes shall be deposited into the fund.

Acts 1961 (2nd Ex. Sess.), No. 14, § 7; A.S.A. 1947, § 83-807.
Ark. Code Ann. § 20-23-104 — AR Code / Title 20 / Chapter 23 / Subchapter 1 / Section 20-23-104
Periodic or regular attendance
Status: in_force

(a) All boilers subject to the provisions of this chapter shall be continuously monitored by mechanical and electronic devices approved by the Director of the Division of Labor. When a plant is in operation or when any public building is occupied, the boilers shall be under regular attendance by a boiler operator unless otherwise exempt. (b) Boilers that are manually operated shall be under constant attendance whenever they are in use for any purpose. (c) All steam boilers fifty horsepower (50 hp) and over, as rated by the manufacturer in any location, and steam boilers used in hospitals, hotels, schools, theatres, and office buildings, but not limited to these places, shall be under regular attendance by a licensed operator who holds a certificate of competency issued by the Boiler Inspection Division. Amended by Act 2019, No. 910,§ 5452, eff. 7/1/2019. Acts 1961, No. 494, § 7; 1970 (Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; 1985, No. 67, § 1; A.S.A. 1947, § 81-507; Acts 1999, No. 982, § 4.

(a) All boilers subject to the provisions of this chapter shall be continuously monitored by mechanical and electronic devices approved by the Director of the Division of Labor. When a plant is in operation or when any public building is occupied, the boilers shall be under regular attendance by a boiler operator unless otherwise exempt.

(b) Boilers that are manually operated shall be under constant attendance whenever they are in use for any purpose.

(c) All steam boilers fifty horsepower (50 hp) and over, as rated by the manufacturer in any location, and steam boilers used in hospitals, hotels, schools, theatres, and office buildings, but not limited to these places, shall be under regular attendance by a licensed operator who holds a certificate of competency issued by the Boiler Inspection Division.

Amended by Act 2019, No. 910,§ 5452, eff. 7/1/2019.

Acts 1961, No. 494, § 7; 1970 (Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; 1985, No. 67, § 1; A.S.A. 1947, § 81-507; Acts 1999, No. 982, § 4.
Ark. Code Ann. § 20-17-1031 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1031
Perpetual care cemetery - Duty to maintain
Status: in_force

(a) A cemetery company that holds a permit to own and operate a perpetual care cemetery under § 23-61-1101 et seq. shall properly care for, maintain, and preserve the perpetual care cemetery. (b) A cemetery owner is not responsible for faulty monument installation and upkeep by a monument company or other third party. Added by Act 2023, No. 509,§ 1, eff. 8/1/2023.

(a) A cemetery company that holds a permit to own and operate a perpetual care cemetery under § 23-61-1101 et seq. shall properly care for, maintain, and preserve the perpetual care cemetery.

(b) A cemetery owner is not responsible for faulty monument installation and upkeep by a monument company or other third party.

Added by Act 2023, No. 509,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-9-212 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-212
Minimum standards for hospitals and other institutions
Status: in_force

(a) The State Board of Health shall require hospitals and other institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the Department of Health as may be promulgated in accordance with the federal act and federal rules and regulations. (b) A hospital or institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under this subchapter. Acts 1961, No. 414, § 13; A.S.A. 1947, § 82-339.

(a) The State Board of Health shall require hospitals and other institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the Department of Health as may be promulgated in accordance with the federal act and federal rules and regulations.

(b) A hospital or institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under this subchapter.

Acts 1961, No. 414, § 13; A.S.A. 1947, § 82-339.
Ark. Code Ann. § 20-7-402 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-402
Purpose
Status: in_force

It is the purpose of this subchapter to better serve the citizens of Arkansas by providing for the construction and equipping of a modern public health laboratory. Acts 2003, No. 1723, § 2.

It is the purpose of this subchapter to better serve the citizens of Arkansas by providing for the construction and equipping of a modern public health laboratory.

Acts 2003, No. 1723, § 2.
Ark. Code Ann. § 20-12-603 — AR Code / Title 20 / Chapter 12 / Subchapter 6 / Section 20-12-603
Financial assistance - Rules
Status: in_force

(a) Financial assistance under this subchapter shall be made by the University of Arkansas for Medical Sciences. (b) The University of Arkansas for Medical Sciences shall adopt reasonable rules for the administration of this subchapter. Amended by Act 2019, No. 315,§ 1915, eff. 7/24/2019. Acts 1993, No. 1107, § 2.

(a) Financial assistance under this subchapter shall be made by the University of Arkansas for Medical Sciences.

(b) The University of Arkansas for Medical Sciences shall adopt reasonable rules for the administration of this subchapter.

Amended by Act 2019, No. 315,§ 1915, eff. 7/24/2019.

Acts 1993, No. 1107, § 2.
Ark. Code Ann. § 20-27-1603 — AR Code / Title 20 / Chapter 27 / Subchapter 16 / Section 20-27-1603
Unsafe children's products - Prohibition
Status: in_force

(a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product that is unsafe. (b) A children's product is unsafe for purposes of this subchapter if it meets any of the following criteria: (1) It does not conform to federal law and regulatory standards for the children's product; (2) It has been recalled for any reason by an agency of the United States Government or by the product's manufacturer, distributor, or importer, and the recall has not been rescinded; or (3) An agency of the United States Government has issued a warning that a specific product's intended use constitutes a safety hazard, and the warning has not been rescinded. (c) (1) The Attorney General shall create, maintain, and update quarterly a comprehensive list of children's products that have been identified as recalled children's products as determined by the United States Consumer Product Safety Commission. (2) The Attorney General shall make the comprehensive list available to the public at no cost by posting it on the internet and encouraging links from the internet site. (d) A crib is unsafe if it does not conform to the standards existing on January 1, 2001, endorsed or established by the United States Consumer Product Safety Commission, including, but not limited to, Title 16 of the Code of Federal Regulations and the American Society for Testing and Materials, as follows: (1) 16 C.F.R. § 1508 and any regulations adopted to amend or supplement the regulations; (2) 16 C.F.R. § 1509 and any regulations adopted to amend or supplement the regulations; (3) 16 C.F.R. § 1303 and any regulations adopted to amend or supplement the regulations; and (4) The following standards and specifications as exist on January 1, 2001, of the American Society for Testing and Materials for corner posts of baby cribs and structural integrity of baby cribs: (A) American Society for Testing and Materials F 966-90, concerning corner post standard; (B) American Society for Testing and Materials F 1169-88, concerning structural integrity of full-size baby cribs; and (C) American Society for Testing and Materials F 1822-97, concerning non-full-size cribs. (e) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the following dangerous features or characteristics: (1) Corner posts that extend more than one-sixteenth inch ( 1 / 16 "); (2) Spaces between side slats more than two and three hundred seventy-five hundredths inches (2.37"); (3) (A) Mattress support that can be easily dislodged from any point of the crib. (B) A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound upward force from underneath the crib; (4) Cutout designs on the end panels; (5) Rail height dimensions that do not conform to both of the following: (A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9"); and (B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26"); (6) Any screws, bolts, or hardware that are loose and not secured; (7) Sharp edges, points, or rough surfaces or any wood surfaces that are not smooth and free from splinters, splits, or cracks; (8) Tears in mesh or fabric sides in a non-full-size crib; (9) A non-full-size crib that folds in a "V" shape design that does not have top rails that automatically lock into place when the crib is fully set up; or (10) The mattress pad in a non-full-size mesh or fabric crib exceeds one inch (1"). (f) (1) An unsafe children's product may be retrofitted if the retrofit has been approved by the agency of the United States Government issuing the recall or warning or the agency responsible for approving the warning. (2) A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age. (3) The notice shall include: (A) A description of the original problem which made the recalled product unsafe; (B) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age; and (C) (i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted. (ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale. (g) A retrofit is exempt from this subchapter if: (1) The retrofit is for a children's product that requires assembly by the consumer; (2) The approved retrofit is provided with the product by the commercial user; (3) The retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or (4) The seller of a previously unsold product accomplishes before sale the repair approved or recommended by an agency of the United States Government. Acts 2001, No. 1313, § 3; 2003, No. 1159, § 1; 2007, No. 827, § 167.

(a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product that is unsafe.

(b) A children's product is unsafe for purposes of this subchapter if it meets any of the following criteria: (1) It does not conform to federal law and regulatory standards for the children's product; (2) It has been recalled for any reason by an agency of the United States Government or by the product's manufacturer, distributor, or importer, and the recall has not been rescinded; or (3) An agency of the United States Government has issued a warning that a specific product's intended use constitutes a safety hazard, and the warning has not been rescinded.

(1) It does not conform to federal law and regulatory standards for the children's product;

(2) It has been recalled for any reason by an agency of the United States Government or by the product's manufacturer, distributor, or importer, and the recall has not been rescinded; or

(3) An agency of the United States Government has issued a warning that a specific product's intended use constitutes a safety hazard, and the warning has not been rescinded.

(c) (1) The Attorney General shall create, maintain, and update quarterly a comprehensive list of children's products that have been identified as recalled children's products as determined by the United States Consumer Product Safety Commission. (2) The Attorney General shall make the comprehensive list available to the public at no cost by posting it on the internet and encouraging links from the internet site.

(1) The Attorney General shall create, maintain, and update quarterly a comprehensive list of children's products that have been identified as recalled children's products as determined by the United States Consumer Product Safety Commission.

(2) The Attorney General shall make the comprehensive list available to the public at no cost by posting it on the internet and encouraging links from the internet site.

(d) A crib is unsafe if it does not conform to the standards existing on January 1, 2001, endorsed or established by the United States Consumer Product Safety Commission, including, but not limited to, Title 16 of the Code of Federal Regulations and the American Society for Testing and Materials, as follows: (1) 16 C.F.R. § 1508 and any regulations adopted to amend or supplement the regulations; (2) 16 C.F.R. § 1509 and any regulations adopted to amend or supplement the regulations; (3) 16 C.F.R. § 1303 and any regulations adopted to amend or supplement the regulations; and (4) The following standards and specifications as exist on January 1, 2001, of the American Society for Testing and Materials for corner posts of baby cribs and structural integrity of baby cribs: (A) American Society for Testing and Materials F 966-90, concerning corner post standard; (B) American Society for Testing and Materials F 1169-88, concerning structural integrity of full-size baby cribs; and (C) American Society for Testing and Materials F 1822-97, concerning non-full-size cribs.

(1) 16 C.F.R. § 1508 and any regulations adopted to amend or supplement the regulations;

(2) 16 C.F.R. § 1509 and any regulations adopted to amend or supplement the regulations;

(3) 16 C.F.R. § 1303 and any regulations adopted to amend or supplement the regulations; and

(4) The following standards and specifications as exist on January 1, 2001, of the American Society for Testing and Materials for corner posts of baby cribs and structural integrity of baby cribs: (A) American Society for Testing and Materials F 966-90, concerning corner post standard; (B) American Society for Testing and Materials F 1169-88, concerning structural integrity of full-size baby cribs; and (C) American Society for Testing and Materials F 1822-97, concerning non-full-size cribs.

(A) American Society for Testing and Materials F 966-90, concerning corner post standard;

(B) American Society for Testing and Materials F 1169-88, concerning structural integrity of full-size baby cribs; and

(C) American Society for Testing and Materials F 1822-97, concerning non-full-size cribs.

(e) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the following dangerous features or characteristics: (1) Corner posts that extend more than one-sixteenth inch ( 1 / 16 "); (2) Spaces between side slats more than two and three hundred seventy-five hundredths inches (2.37"); (3) (A) Mattress support that can be easily dislodged from any point of the crib. (B) A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound upward force from underneath the crib; (4) Cutout designs on the end panels; (5) Rail height dimensions that do not conform to both of the following: (A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9"); and (B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26"); (6) Any screws, bolts, or hardware that are loose and not secured; (7) Sharp edges, points, or rough surfaces or any wood surfaces that are not smooth and free from splinters, splits, or cracks; (8) Tears in mesh or fabric sides in a non-full-size crib; (9) A non-full-size crib that folds in a "V" shape design that does not have top rails that automatically lock into place when the crib is fully set up; or (10) The mattress pad in a non-full-size mesh or fabric crib exceeds one inch (1").

(1) Corner posts that extend more than one-sixteenth inch ( 1 / 16 ");

(2) Spaces between side slats more than two and three hundred seventy-five hundredths inches (2.37");

(3) (A) Mattress support that can be easily dislodged from any point of the crib. (B) A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound upward force from underneath the crib;

(A) Mattress support that can be easily dislodged from any point of the crib.

(B) A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound upward force from underneath the crib;

(4) Cutout designs on the end panels;

(5) Rail height dimensions that do not conform to both of the following: (A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9"); and (B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26");

(A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9"); and

(B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26");

(6) Any screws, bolts, or hardware that are loose and not secured;

(7) Sharp edges, points, or rough surfaces or any wood surfaces that are not smooth and free from splinters, splits, or cracks;

(8) Tears in mesh or fabric sides in a non-full-size crib;

(9) A non-full-size crib that folds in a "V" shape design that does not have top rails that automatically lock into place when the crib is fully set up; or

(10) The mattress pad in a non-full-size mesh or fabric crib exceeds one inch (1").

(f) (1) An unsafe children's product may be retrofitted if the retrofit has been approved by the agency of the United States Government issuing the recall or warning or the agency responsible for approving the warning. (2) A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age. (3) The notice shall include: (A) A description of the original problem which made the recalled product unsafe; (B) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age; and (C) (i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted. (ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.

(1) An unsafe children's product may be retrofitted if the retrofit has been approved by the agency of the United States Government issuing the recall or warning or the agency responsible for approving the warning.

(2) A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age.

(3) The notice shall include: (A) A description of the original problem which made the recalled product unsafe; (B) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age; and (C) (i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted. (ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.

(A) A description of the original problem which made the recalled product unsafe;

(B) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age; and

(C) (i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted. (ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.

(i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted.

(ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.

(g) A retrofit is exempt from this subchapter if: (1) The retrofit is for a children's product that requires assembly by the consumer; (2) The approved retrofit is provided with the product by the commercial user; (3) The retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or (4) The seller of a previously unsold product accomplishes before sale the repair approved or recommended by an agency of the United States Government.

(1) The retrofit is for a children's product that requires assembly by the consumer;

(2) The approved retrofit is provided with the product by the commercial user;

(3) The retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or

(4) The seller of a previously unsold product accomplishes before sale the repair approved or recommended by an agency of the United States Government.

Acts 2001, No. 1313, § 3; 2003, No. 1159, § 1; 2007, No. 827, § 167.
Ark. Code Ann. § 20-14-505 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-505
Disposition of funds
Status: in_force

(a) In addition to using funds provided under this subchapter to plan, develop, and implement the statewide system required by Pub. L. No. 99-457, the state shall use these funds: (1) For direct services for infants and toddlers with disabilities that are not otherwise provided from other public or private sources; and (2) To expand and improve on services for infants and toddlers with disabilities that are otherwise available. (b) A maximum of ten percent (10%) of these funds may be used during the first year for central agency and State Interagency Council expenses. Acts 1987, No. 658, § 5; 1997, No. 208, § 16.

(a) In addition to using funds provided under this subchapter to plan, develop, and implement the statewide system required by Pub. L. No. 99-457, the state shall use these funds: (1) For direct services for infants and toddlers with disabilities that are not otherwise provided from other public or private sources; and (2) To expand and improve on services for infants and toddlers with disabilities that are otherwise available.

(1) For direct services for infants and toddlers with disabilities that are not otherwise provided from other public or private sources; and

(2) To expand and improve on services for infants and toddlers with disabilities that are otherwise available.

(b) A maximum of ten percent (10%) of these funds may be used during the first year for central agency and State Interagency Council expenses.

Acts 1987, No. 658, § 5; 1997, No. 208, § 16.
Ark. Code Ann. § 20-59-405 — AR Code / Title 20 / Chapter 59 / Subchapter 4 / Section 20-59-405
Disposition and transfer of inspection fees
Status: in_force

(a) (1) All moneys received by the Department of Health for milk inspection fees as established in this subchapter shall be deposited into the State Treasury, and the Treasurer of State shall, after deducting therefrom one and one-half percent (11/2%) of the amount for credit to the Constitutional Officers Fund to be used for the purposes provided by law, credit the net amount as special revenues to the credit of the Milk Inspection Fees Fund to be used by the Division of Environmental Health Protection of the Department of Health exclusively for the purpose of defraying the cost of maintenance, operation, and improvement of the permits, inspections, and laboratory services of the Grade "A" Milk and Milk Products Inspection and Regulation Program. (2) The unexpended balance of the funds in the Milk Inspection Fees Fund at the end of each fiscal year shall not be considered as a part of the unexpended fund balances of the department that are recovered by the Treasurer of State at the close of each year, and any balance in the Milk Inspection Fees Fund shall be carried forward in the Milk Inspection Fees Fund to the next fiscal year to be used for the support of the program as provided by law. (b) The Chief Fiscal Officer of the State is authorized from time to time to make transfers of moneys in the Budget Stabilization Trust Fund as loans to the Milk Inspection Fees Fund to be used for the maintenance and operation of the program of the Division of Environmental Health Protection of the Department of Health, provided that any moneys loaned from the Budget Stabilization Trust Fund to the Milk Inspection Fees Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made. Acts 1981, No. 587, § 5; A.S.A. 1947, § 82-4010.

(a) (1) All moneys received by the Department of Health for milk inspection fees as established in this subchapter shall be deposited into the State Treasury, and the Treasurer of State shall, after deducting therefrom one and one-half percent (11/2%) of the amount for credit to the Constitutional Officers Fund to be used for the purposes provided by law, credit the net amount as special revenues to the credit of the Milk Inspection Fees Fund to be used by the Division of Environmental Health Protection of the Department of Health exclusively for the purpose of defraying the cost of maintenance, operation, and improvement of the permits, inspections, and laboratory services of the Grade "A" Milk and Milk Products Inspection and Regulation Program. (2) The unexpended balance of the funds in the Milk Inspection Fees Fund at the end of each fiscal year shall not be considered as a part of the unexpended fund balances of the department that are recovered by the Treasurer of State at the close of each year, and any balance in the Milk Inspection Fees Fund shall be carried forward in the Milk Inspection Fees Fund to the next fiscal year to be used for the support of the program as provided by law.

(1) All moneys received by the Department of Health for milk inspection fees as established in this subchapter shall be deposited into the State Treasury, and the Treasurer of State shall, after deducting therefrom one and one-half percent (11/2%) of the amount for credit to the Constitutional Officers Fund to be used for the purposes provided by law, credit the net amount as special revenues to the credit of the Milk Inspection Fees Fund to be used by the Division of Environmental Health Protection of the Department of Health exclusively for the purpose of defraying the cost of maintenance, operation, and improvement of the permits, inspections, and laboratory services of the Grade "A" Milk and Milk Products Inspection and Regulation Program.

(2) The unexpended balance of the funds in the Milk Inspection Fees Fund at the end of each fiscal year shall not be considered as a part of the unexpended fund balances of the department that are recovered by the Treasurer of State at the close of each year, and any balance in the Milk Inspection Fees Fund shall be carried forward in the Milk Inspection Fees Fund to the next fiscal year to be used for the support of the program as provided by law.

(b) The Chief Fiscal Officer of the State is authorized from time to time to make transfers of moneys in the Budget Stabilization Trust Fund as loans to the Milk Inspection Fees Fund to be used for the maintenance and operation of the program of the Division of Environmental Health Protection of the Department of Health, provided that any moneys loaned from the Budget Stabilization Trust Fund to the Milk Inspection Fees Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made.

Acts 1981, No. 587, § 5; A.S.A. 1947, § 82-4010.
Ark. Code Ann. § 20-10-111 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-111
Disclosure statement for residential care and assisted living facilities
Status: in_force

(a) Each residential care and assisted living facility shall provide each prospective resident or prospective resident's representative with a comprehensive consumer disclosure statement before the prospective resident signs an admission agreement. (b) The disclosure statement shall include, but not be limited to: (1) Proof of current licensure through the Office of Long-Term Care; (2) A list of services provided by the facility, including, but not limited to: (A) Any medication administration, assistance taking medication, or reminders to take medication that the facility may by law, rule, or regulation provide; (B) Any assistance the facility provides with activities of daily living, such as grooming, toileting, ambulation, and bathing; (C) The availability of transportation; and (D) Social activities inside and outside the facility; (3) Staffing levels or ratios required by law, including, but not limited to, those concerning: (A) Registered nurses; (B) Licensed nurses; (C) Certified nurse's aides or assistants; and (D) Other staff; (4) Whether staff members are required to be awake while on duty and, if not, the times when they may be asleep; and (5) Information regarding the physical plant of the facility, including, but not limited to: (A) Whether the facility has an emergency generator and, if so, the areas of the facility powered by a generator and the length of time the generator will provide power; (B) Whether the facility has sprinklers and, if so, the areas of the facility that have sprinklers; (C) Whether the facility has smoke detectors and, if so, the areas in which smoke detectors are located; and (D) (i) Whether the facility has an emergency evacuation plan. (ii) If the facility has an emergency evacuation plan, a copy of the plan shall be provided to each prospective resident or the prospective resident's representative before the signing of an admission agreement. (c) The facility shall update its disclosure statement no less than annually. Amended by Act 2019, No. 315,§ 1857, eff. 7/24/2019. Acts 2005, No. 2002, § 1.

(a) Each residential care and assisted living facility shall provide each prospective resident or prospective resident's representative with a comprehensive consumer disclosure statement before the prospective resident signs an admission agreement.

(b) The disclosure statement shall include, but not be limited to: (1) Proof of current licensure through the Office of Long-Term Care; (2) A list of services provided by the facility, including, but not limited to: (A) Any medication administration, assistance taking medication, or reminders to take medication that the facility may by law, rule, or regulation provide; (B) Any assistance the facility provides with activities of daily living, such as grooming, toileting, ambulation, and bathing; (C) The availability of transportation; and (D) Social activities inside and outside the facility; (3) Staffing levels or ratios required by law, including, but not limited to, those concerning: (A) Registered nurses; (B) Licensed nurses; (C) Certified nurse's aides or assistants; and (D) Other staff; (4) Whether staff members are required to be awake while on duty and, if not, the times when they may be asleep; and (5) Information regarding the physical plant of the facility, including, but not limited to: (A) Whether the facility has an emergency generator and, if so, the areas of the facility powered by a generator and the length of time the generator will provide power; (B) Whether the facility has sprinklers and, if so, the areas of the facility that have sprinklers; (C) Whether the facility has smoke detectors and, if so, the areas in which smoke detectors are located; and (D) (i) Whether the facility has an emergency evacuation plan. (ii) If the facility has an emergency evacuation plan, a copy of the plan shall be provided to each prospective resident or the prospective resident's representative before the signing of an admission agreement.

(1) Proof of current licensure through the Office of Long-Term Care;

(2) A list of services provided by the facility, including, but not limited to: (A) Any medication administration, assistance taking medication, or reminders to take medication that the facility may by law, rule, or regulation provide; (B) Any assistance the facility provides with activities of daily living, such as grooming, toileting, ambulation, and bathing; (C) The availability of transportation; and (D) Social activities inside and outside the facility;

(A) Any medication administration, assistance taking medication, or reminders to take medication that the facility may by law, rule, or regulation provide;

(B) Any assistance the facility provides with activities of daily living, such as grooming, toileting, ambulation, and bathing;

(C) The availability of transportation; and

(D) Social activities inside and outside the facility;

(3) Staffing levels or ratios required by law, including, but not limited to, those concerning: (A) Registered nurses; (B) Licensed nurses; (C) Certified nurse's aides or assistants; and (D) Other staff;

(A) Registered nurses;

(B) Licensed nurses;

(C) Certified nurse's aides or assistants; and

(D) Other staff;

(4) Whether staff members are required to be awake while on duty and, if not, the times when they may be asleep; and

(5) Information regarding the physical plant of the facility, including, but not limited to: (A) Whether the facility has an emergency generator and, if so, the areas of the facility powered by a generator and the length of time the generator will provide power; (B) Whether the facility has sprinklers and, if so, the areas of the facility that have sprinklers; (C) Whether the facility has smoke detectors and, if so, the areas in which smoke detectors are located; and (D) (i) Whether the facility has an emergency evacuation plan. (ii) If the facility has an emergency evacuation plan, a copy of the plan shall be provided to each prospective resident or the prospective resident's representative before the signing of an admission agreement.

(A) Whether the facility has an emergency generator and, if so, the areas of the facility powered by a generator and the length of time the generator will provide power;

(B) Whether the facility has sprinklers and, if so, the areas of the facility that have sprinklers;

(C) Whether the facility has smoke detectors and, if so, the areas in which smoke detectors are located; and

(D) (i) Whether the facility has an emergency evacuation plan. (ii) If the facility has an emergency evacuation plan, a copy of the plan shall be provided to each prospective resident or the prospective resident's representative before the signing of an admission agreement.

(i) Whether the facility has an emergency evacuation plan.

(ii) If the facility has an emergency evacuation plan, a copy of the plan shall be provided to each prospective resident or the prospective resident's representative before the signing of an admission agreement.

(c) The facility shall update its disclosure statement no less than annually.

Amended by Act 2019, No. 315,§ 1857, eff. 7/24/2019.

Acts 2005, No. 2002, § 1.
Ark. Code Ann. § 20-18-704 — AR Code / Title 20 / Chapter 18 / Subchapter 7 / Section 20-18-704
Furnishing of information
Status: in_force

(a) The Department of Health shall make available to attorneys the telephone number of the Putative Father Registry for purposes of inquiry as to a putative father's name and address contained in the registry. (b) Information contained in the registry shall be admissible in any court proceeding in any court in this state. (c) Upon receipt of a written request by the registrant, the mother, or the child, or pursuant to any request of the department, the Office of Child Support Enforcement, or of a prosecuting attorney or an attorney acting on behalf of his or her client in litigation involving the determination of paternity or support for the child or an adoption of the child, the department shall furnish a certified copy of the registry information for a named putative father, natural mother, or child. (d) Upon request, the department shall furnish through electronic data exchange or otherwise a copy of the registry to the office for use in establishing paternity and support obligations. (e) Otherwise, registry information shall be considered confidential and may not be disclosed. Registry information shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 1989, No. 496, § 4; 1995, No. 1184, § 33.

(a) The Department of Health shall make available to attorneys the telephone number of the Putative Father Registry for purposes of inquiry as to a putative father's name and address contained in the registry.

(b) Information contained in the registry shall be admissible in any court proceeding in any court in this state.

(c) Upon receipt of a written request by the registrant, the mother, or the child, or pursuant to any request of the department, the Office of Child Support Enforcement, or of a prosecuting attorney or an attorney acting on behalf of his or her client in litigation involving the determination of paternity or support for the child or an adoption of the child, the department shall furnish a certified copy of the registry information for a named putative father, natural mother, or child.

(d) Upon request, the department shall furnish through electronic data exchange or otherwise a copy of the registry to the office for use in establishing paternity and support obligations.

(e) Otherwise, registry information shall be considered confidential and may not be disclosed. Registry information shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 1989, No. 496, § 4; 1995, No. 1184, § 33.
Ark. Code Ann. § 20-47-228 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-228
Assurance of compliance
Status: in_force

(a) To assure compliance under this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any state mental health system program or facility to which persons are voluntarily or involuntarily admitted under this subchapter. (b) The division shall by July 1 of each year designate receiving facilities and programs within prescribed geographic areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter and establish ongoing mechanisms for review and refinement of the state mental health system. Amended by Act 2017, No. 913,§ 84, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 15, eff. 8/16/2013. Acts 1989, No. 861, § 26.

(a) To assure compliance under this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any state mental health system program or facility to which persons are voluntarily or involuntarily admitted under this subchapter.

(b) The division shall by July 1 of each year designate receiving facilities and programs within prescribed geographic areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter and establish ongoing mechanisms for review and refinement of the state mental health system.

Amended by Act 2017, No. 913,§ 84, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 15, eff. 8/16/2013.

Acts 1989, No. 861, § 26.
Ark. Code Ann. § 20-17-1017 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1017
Permanent maintenance fund - Voluntary contributions
Status: in_force

The permanent maintenance fund may also receive, take, and hold therefor and as part thereof or as incident thereto any real, personal, or mixed property bequeathed, devised, granted, given, or otherwise contributed to it. Acts 1977, No. 352, § 15; A.S.A. 1947, § 82-426.15.

The permanent maintenance fund may also receive, take, and hold therefor and as part thereof or as incident thereto any real, personal, or mixed property bequeathed, devised, granted, given, or otherwise contributed to it.

Acts 1977, No. 352, § 15; A.S.A. 1947, § 82-426.15.
Ark. Code Ann. § 20-79-402 — AR Code / Title 20 / Chapter 79 / Subchapter 4 / Section 20-79-402
Eligibility
Status: in_force

(a) In order for a person to be eligible for the equipment distribution program, a person shall be certified as deaf, hard of hearing, deaf and blind, speech-impaired, or having another disability that impairs the individual's ability to effectively access the telecommunications network by a licensed physician, audiologist, or speech pathologist or by any other method recognized by Arkansas Rehabilitation Services. (b) (1) Arkansas Rehabilitation Services shall also consider financial need and, in so doing, shall take into account financial need standards or other means tests applicable to other programs administered by Arkansas Rehabilitation Services when promulgating procedures, rules, and criteria necessary to implement and administer the program. (2) Arkansas Rehabilitation Services may develop a sliding scale of eligibility to provide equipment to individuals exceeding the baseline needs tests mentioned in this section. Amended by Act 2019, No. 315,§ 2307, eff. 7/24/2019. Acts 1995, No. 501, § 2; 2001, No. 530, § 3.

(a) In order for a person to be eligible for the equipment distribution program, a person shall be certified as deaf, hard of hearing, deaf and blind, speech-impaired, or having another disability that impairs the individual's ability to effectively access the telecommunications network by a licensed physician, audiologist, or speech pathologist or by any other method recognized by Arkansas Rehabilitation Services.

(b) (1) Arkansas Rehabilitation Services shall also consider financial need and, in so doing, shall take into account financial need standards or other means tests applicable to other programs administered by Arkansas Rehabilitation Services when promulgating procedures, rules, and criteria necessary to implement and administer the program. (2) Arkansas Rehabilitation Services may develop a sliding scale of eligibility to provide equipment to individuals exceeding the baseline needs tests mentioned in this section.

(1) Arkansas Rehabilitation Services shall also consider financial need and, in so doing, shall take into account financial need standards or other means tests applicable to other programs administered by Arkansas Rehabilitation Services when promulgating procedures, rules, and criteria necessary to implement and administer the program.

(2) Arkansas Rehabilitation Services may develop a sliding scale of eligibility to provide equipment to individuals exceeding the baseline needs tests mentioned in this section.

Amended by Act 2019, No. 315,§ 2307, eff. 7/24/2019.

Acts 1995, No. 501, § 2; 2001, No. 530, § 3.
Ark. Code Ann. § 20-10-2303 — AR Code / Title 20 / Chapter 10 / Subchapter 23 / Section 20-10-2303
Private care agencies eligible for Medicaid reimbursement
Status: in_force

The Division of Medical Services shall take such action as required by the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid Manual to include private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week as a qualified healthcare provider that is eligible for Medicaid reimbursement. Acts 2009, No. 5, § 1.

The Division of Medical Services shall take such action as required by the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid Manual to include private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week as a qualified healthcare provider that is eligible for Medicaid reimbursement.

Acts 2009, No. 5, § 1.
Ark. Code Ann. § 20-48-812 — AR Code / Title 20 / Chapter 48 / Subchapter 8 / Section 20-48-812
Criminal history records checks required - Definitions
Status: in_force

(a) As used in this section: (1) "Employee" means: (A) An individual who currently works for or is being considered for hire by a service provider, including without limitation an independent contractor, subcontractor, intern, volunteer, trainee, or agent of the service provider; and (B) The individual will have direct contact with: (i) An individual with an intellectual and developmental disability; (ii) The personal property of an individual with an intellectual and developmental disability; or (iii) The funds of an individual with an intellectual and developmental disability; and (2) "Service provider" means an individual or entity providing state or federally funded services through the Division of Developmental Disabilities Services to one (1) or more individuals with intellectual and developmental disabilities as defined in § 20-48-101 . (b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (c) An employee shall pass: (1) A criminal history records check as required under § 20-38-103 before employment and once every five (5) years during his or her term of employment; (2) An Arkansas Child Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment; (3) An Arkansas Adult and Long-term Care Facility Resident Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment; (4) An Arkansas Sex Offender Registry check before employment and once every two (2) years during his or her term of employment; and (5) A drug screening that tests for the use of illegal drugs before employment. Amended by Act 2023, No. 184,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1035,§ 38, eff. 7/24/2019. Acts 2009, No. 762, § 8.

(a) As used in this section: (1) "Employee" means: (A) An individual who currently works for or is being considered for hire by a service provider, including without limitation an independent contractor, subcontractor, intern, volunteer, trainee, or agent of the service provider; and (B) The individual will have direct contact with: (i) An individual with an intellectual and developmental disability; (ii) The personal property of an individual with an intellectual and developmental disability; or (iii) The funds of an individual with an intellectual and developmental disability; and (2) "Service provider" means an individual or entity providing state or federally funded services through the Division of Developmental Disabilities Services to one (1) or more individuals with intellectual and developmental disabilities as defined in § 20-48-101 .

(1) "Employee" means: (A) An individual who currently works for or is being considered for hire by a service provider, including without limitation an independent contractor, subcontractor, intern, volunteer, trainee, or agent of the service provider; and (B) The individual will have direct contact with: (i) An individual with an intellectual and developmental disability; (ii) The personal property of an individual with an intellectual and developmental disability; or (iii) The funds of an individual with an intellectual and developmental disability; and

(A) An individual who currently works for or is being considered for hire by a service provider, including without limitation an independent contractor, subcontractor, intern, volunteer, trainee, or agent of the service provider; and

(B) The individual will have direct contact with: (i) An individual with an intellectual and developmental disability; (ii) The personal property of an individual with an intellectual and developmental disability; or (iii) The funds of an individual with an intellectual and developmental disability; and

(i) An individual with an intellectual and developmental disability;

(ii) The personal property of an individual with an intellectual and developmental disability; or

(iii) The funds of an individual with an intellectual and developmental disability; and

(2) "Service provider" means an individual or entity providing state or federally funded services through the Division of Developmental Disabilities Services to one (1) or more individuals with intellectual and developmental disabilities as defined in § 20-48-101 .

(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.

(c) An employee shall pass: (1) A criminal history records check as required under § 20-38-103 before employment and once every five (5) years during his or her term of employment; (2) An Arkansas Child Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment; (3) An Arkansas Adult and Long-term Care Facility Resident Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment; (4) An Arkansas Sex Offender Registry check before employment and once every two (2) years during his or her term of employment; and (5) A drug screening that tests for the use of illegal drugs before employment.

(1) A criminal history records check as required under § 20-38-103 before employment and once every five (5) years during his or her term of employment;

(2) An Arkansas Child Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment;

(3) An Arkansas Adult and Long-term Care Facility Resident Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment;

(4) An Arkansas Sex Offender Registry check before employment and once every two (2) years during his or her term of employment; and

(5) A drug screening that tests for the use of illegal drugs before employment.

Amended by Act 2023, No. 184,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 1035,§ 38, eff. 7/24/2019.

Acts 2009, No. 762, § 8.
Ark. Code Ann. § 20-48-209 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-209
Board of Developmental Disabilities Services - Planning and implementation
Status: in_force

(a) (1) The Board of Developmental Disabilities Services is designated as the single state agency for the purpose of full participation under any federal act requiring the designation of a single state agency concerning planning, formulation, and implementation of programs, construction and operation of facilities, financing of facilities and programs, or otherwise pertaining to the obtaining and rendition of intellectual and developmental disabilities services. (2) However, subdivision (a)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services. (b) (1) The Board of Developmental Disabilities Services may coordinate the planning and implementation of intellectual and developmental disabilities programs and institutional and community activities of all public agencies. (2) However, subdivision (b)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services. (c) (1) Effective planning and coordination is essential to the public interest. (2) In order to achieve this to the fullest extent possible, the Board of Developmental Disabilities Services may establish and promulgate rules fixing standards for intellectual and developmental disabilities programs and activities and evaluate intellectual and developmental disabilities programs and activities of public agencies. Amended by Act 2019, No. 315,§ 2152, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019. Acts 1969, No. 265, § 8; A.S.A. 1947, § 59-1008.

(a) (1) The Board of Developmental Disabilities Services is designated as the single state agency for the purpose of full participation under any federal act requiring the designation of a single state agency concerning planning, formulation, and implementation of programs, construction and operation of facilities, financing of facilities and programs, or otherwise pertaining to the obtaining and rendition of intellectual and developmental disabilities services. (2) However, subdivision (a)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.

(1) The Board of Developmental Disabilities Services is designated as the single state agency for the purpose of full participation under any federal act requiring the designation of a single state agency concerning planning, formulation, and implementation of programs, construction and operation of facilities, financing of facilities and programs, or otherwise pertaining to the obtaining and rendition of intellectual and developmental disabilities services.

(2) However, subdivision (a)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.

(b) (1) The Board of Developmental Disabilities Services may coordinate the planning and implementation of intellectual and developmental disabilities programs and institutional and community activities of all public agencies. (2) However, subdivision (b)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.

(1) The Board of Developmental Disabilities Services may coordinate the planning and implementation of intellectual and developmental disabilities programs and institutional and community activities of all public agencies.

(2) However, subdivision (b)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.

(c) (1) Effective planning and coordination is essential to the public interest. (2) In order to achieve this to the fullest extent possible, the Board of Developmental Disabilities Services may establish and promulgate rules fixing standards for intellectual and developmental disabilities programs and activities and evaluate intellectual and developmental disabilities programs and activities of public agencies.

(1) Effective planning and coordination is essential to the public interest.

(2) In order to achieve this to the fullest extent possible, the Board of Developmental Disabilities Services may establish and promulgate rules fixing standards for intellectual and developmental disabilities programs and activities and evaluate intellectual and developmental disabilities programs and activities of public agencies.

Amended by Act 2019, No. 315,§ 2152, eff. 7/24/2019.

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

Acts 1969, No. 265, § 8; A.S.A. 1947, § 59-1008.
Ark. Code Ann. § 20-18-701 — AR Code / Title 20 / Chapter 18 / Subchapter 7 / Section 20-18-701
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means a person under eighteen (18) years of age for whom paternity has not been established; (2) "Court" means a court in this state or another state or territory of the United States of competent subject matter jurisdiction; (3) [Repealed.] (4) "Father" means the biological male parent of a child; (5) "Putative father" means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child; (6) "Registrant" means a person who has registered pursuant to this subchapter and who is claiming to be the father of a child; (7) "Registry" means the Putative Father Registry; and (8) "Rules" means rules promulgated by the Department of Health for the purpose of implementing this subchapter. Amended by Act 2019, No. 315,§ 1979, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 34, eff. 7/24/2019. Acts 1989, No. 496, § 1.

As used in this subchapter:

(1) "Child" means a person under eighteen (18) years of age for whom paternity has not been established;

(2) "Court" means a court in this state or another state or territory of the United States of competent subject matter jurisdiction;

(3) [Repealed.]

(4) "Father" means the biological male parent of a child;

(5) "Putative father" means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child;

(6) "Registrant" means a person who has registered pursuant to this subchapter and who is claiming to be the father of a child;

(7) "Registry" means the Putative Father Registry; and

(8) "Rules" means rules promulgated by the Department of Health for the purpose of implementing this subchapter.

Amended by Act 2019, No. 315,§ 1979, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 34, eff. 7/24/2019.

Acts 1989, No. 496, § 1.
Ark. Code Ann. § 20-64-210 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-210
Labels
Status: in_force

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him or her, he or she shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person, except an apothecary for the purpose of filling a prescription under this subchapter, shall alter, deface, or remove any label so affixed. (2) (A) When an apothecary sells or dispenses a narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he or she shall affix to the container in which the drug is sold or dispensed a label showing: (i) His or her own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he or she is lawfully acting; (ii) The name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; (iii) The name, address, and registry number of the physician, dentist, or veterinarian from whom the prescription was prescribed; and (iv) The directions for the use of the prescription. (B) A person shall not alter, deface, or remove a label affixed as required under this subdivision (2). Amended by Act 2013, No. 1331,§ 6, eff. 8/16/2013. Acts 1937, No. 344, § 10; Pope's Dig., § 10135; A.S.A. 1947, § 82-1010.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him or her, he or she shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person, except an apothecary for the purpose of filling a prescription under this subchapter, shall alter, deface, or remove any label so affixed.

(2) (A) When an apothecary sells or dispenses a narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he or she shall affix to the container in which the drug is sold or dispensed a label showing: (i) His or her own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he or she is lawfully acting; (ii) The name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; (iii) The name, address, and registry number of the physician, dentist, or veterinarian from whom the prescription was prescribed; and (iv) The directions for the use of the prescription. (B) A person shall not alter, deface, or remove a label affixed as required under this subdivision (2).

(A) When an apothecary sells or dispenses a narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he or she shall affix to the container in which the drug is sold or dispensed a label showing: (i) His or her own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he or she is lawfully acting; (ii) The name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; (iii) The name, address, and registry number of the physician, dentist, or veterinarian from whom the prescription was prescribed; and (iv) The directions for the use of the prescription.

(i) His or her own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he or she is lawfully acting;

(ii) The name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal;

(iii) The name, address, and registry number of the physician, dentist, or veterinarian from whom the prescription was prescribed; and

(iv) The directions for the use of the prescription.

(B) A person shall not alter, deface, or remove a label affixed as required under this subdivision (2).

Amended by Act 2013, No. 1331,§ 6, eff. 8/16/2013.

Acts 1937, No. 344, § 10; Pope's Dig., § 10135; A.S.A. 1947, § 82-1010.
Ark. Code Ann. § 20-9-1207 — AR Code / Title 20 / Chapter 9 / Subchapter 12 / Section 20-9-1207
Rules
Status: in_force

The State Board of Health shall promulgate rules to implement this subchapter. Acts 2007, No. 845, § 1.

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

Acts 2007, No. 845, § 1.
Ark. Code Ann. § 20-17-905 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-905
Abandonment - Definition
Status: in_force

(a) The circuit court of the county may order the removal of the dead from an abandoned cemetery which lies outside the limits of any city of the first class of one hundred thousand (100,000) or more in population. (b) Notice of the filing of a petition for the removal of the dead from an abandoned cemetery under this section shall be in a newspaper having general circulation in the county where the cemetery is located, and hearing on the petition shall be held not earlier than twenty (20) days following this publication. (c) Upon the hearing, if the court finds that the cemetery is abandoned as defined in subsection (e) of this section, it shall authorize the removal of the dead to another cemetery for which a permanent maintenance fund has been established as provided in § 20-17-1013 . (d) After removal of the dead from a cemetery pursuant to this section, the petitioners shall file with the court a report that the removal has been done, and thereupon the court shall enter an order declaring the cemetery abandoned for cemetery purposes. Upon the entry of the order, the property shall become subject to taxation like other property. (e) For the purposes of this section, an "abandoned cemetery" is a cemetery: (1) For which no permanent maintenance fund as provided in § 20-17-1013 has been established; (2) Which is not suitably maintained and preserved as a cemetery; (3) In which there have been no interments for a period of fifteen (15) years; and (4) Which contains at least six (6) permanent grave markers. Acts 1965, No. 392, §§ 1-3; A.S.A. 1947, §§ 82-431 -- 82-433; Acts 1993, No. 403, § 14; 2005, No. 2001, § 1.

(a) The circuit court of the county may order the removal of the dead from an abandoned cemetery which lies outside the limits of any city of the first class of one hundred thousand (100,000) or more in population.

(b) Notice of the filing of a petition for the removal of the dead from an abandoned cemetery under this section shall be in a newspaper having general circulation in the county where the cemetery is located, and hearing on the petition shall be held not earlier than twenty (20) days following this publication.

(c) Upon the hearing, if the court finds that the cemetery is abandoned as defined in subsection (e) of this section, it shall authorize the removal of the dead to another cemetery for which a permanent maintenance fund has been established as provided in § 20-17-1013 .

(d) After removal of the dead from a cemetery pursuant to this section, the petitioners shall file with the court a report that the removal has been done, and thereupon the court shall enter an order declaring the cemetery abandoned for cemetery purposes. Upon the entry of the order, the property shall become subject to taxation like other property.

(e) For the purposes of this section, an "abandoned cemetery" is a cemetery: (1) For which no permanent maintenance fund as provided in § 20-17-1013 has been established; (2) Which is not suitably maintained and preserved as a cemetery; (3) In which there have been no interments for a period of fifteen (15) years; and (4) Which contains at least six (6) permanent grave markers.

(1) For which no permanent maintenance fund as provided in § 20-17-1013 has been established;

(2) Which is not suitably maintained and preserved as a cemetery;

(3) In which there have been no interments for a period of fifteen (15) years; and

(4) Which contains at least six (6) permanent grave markers.

Acts 1965, No. 392, §§ 1-3; A.S.A. 1947, §§ 82-431 -- 82-433; Acts 1993, No. 403, § 14; 2005, No. 2001, § 1.
Ark. Code Ann. § 20-76-438 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-438
Purpose
Status: in_force

(a) (1) The General Assembly finds that it is important that all families in this state be strong and economically self-sufficient and that it is in the public interest that: (A) Eligible persons and families of lesser means be given time-limited cash assistance along with an opportunity to obtain and retain employment that is sufficient to sustain their families; (B) As a part of this transition from welfare to work, it is in the public's interest that various supportive services and, in some cases, education and training be offered to these families to enable them to make this transition; (C) Education and training are essential to long-term career development and self-sufficiency; and (D) Employment improves the quality of life for parents and children by increasing family income and assets and by improving self-esteem. (2) Therefore, it is in the public interest that our state provide time-limited cash assistance and supportive services to our most vulnerable citizens and their children. (b) [Repealed.] Amended by Act 2023, No. 832,§ 14, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 529, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 528, eff. 7/1/2019. Amended by Act 2013, No. 1132,§ 45, eff. 8/16/2013. Acts 1999, No. 1567, § 1; 2005, No. 1705, § 15; 2007, No. 514, § 16; 2009, No. 952, § 14.

(a) (1) The General Assembly finds that it is important that all families in this state be strong and economically self-sufficient and that it is in the public interest that: (A) Eligible persons and families of lesser means be given time-limited cash assistance along with an opportunity to obtain and retain employment that is sufficient to sustain their families; (B) As a part of this transition from welfare to work, it is in the public's interest that various supportive services and, in some cases, education and training be offered to these families to enable them to make this transition; (C) Education and training are essential to long-term career development and self-sufficiency; and (D) Employment improves the quality of life for parents and children by increasing family income and assets and by improving self-esteem. (2) Therefore, it is in the public interest that our state provide time-limited cash assistance and supportive services to our most vulnerable citizens and their children.

(1) The General Assembly finds that it is important that all families in this state be strong and economically self-sufficient and that it is in the public interest that: (A) Eligible persons and families of lesser means be given time-limited cash assistance along with an opportunity to obtain and retain employment that is sufficient to sustain their families; (B) As a part of this transition from welfare to work, it is in the public's interest that various supportive services and, in some cases, education and training be offered to these families to enable them to make this transition; (C) Education and training are essential to long-term career development and self-sufficiency; and (D) Employment improves the quality of life for parents and children by increasing family income and assets and by improving self-esteem.

(A) Eligible persons and families of lesser means be given time-limited cash assistance along with an opportunity to obtain and retain employment that is sufficient to sustain their families;

(B) As a part of this transition from welfare to work, it is in the public's interest that various supportive services and, in some cases, education and training be offered to these families to enable them to make this transition;

(C) Education and training are essential to long-term career development and self-sufficiency; and

(D) Employment improves the quality of life for parents and children by increasing family income and assets and by improving self-esteem.

(2) Therefore, it is in the public interest that our state provide time-limited cash assistance and supportive services to our most vulnerable citizens and their children.

(b) [Repealed.]

Amended by Act 2023, No. 832,§ 14, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 529, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 528, eff. 7/1/2019.

Amended by Act 2013, No. 1132,§ 45, eff. 8/16/2013.

Acts 1999, No. 1567, § 1; 2005, No. 1705, § 15; 2007, No. 514, § 16; 2009, No. 952, § 14.
Ark. Code Ann. § 20-16-1910 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1910
[Second of two versions] Effective date
Status: in_force

This subchapter takes effect on January 1, 2018. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

This subchapter takes effect on January 1, 2018.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-8-504 — AR Code / Title 20 / Chapter 8 / Subchapter 5 / Section 20-8-504
Newborn Umbilical Cord Blood Initiative
Status: in_force

(a) (1) On or before June 30, 2008, the Arkansas Commission for the Newborn Umbilical Cord Blood Initiative shall establish a network of postnatal tissue and fluid banks in partnership with one (1) or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid. (2) The Newborn Umbilical Cord Blood Bank shall create a voluntary program to make tissue and fluid available for scientific research and medical treatment in accordance with this subchapter. (3) A parent of a child born in this state may voluntarily contribute postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank. (b) (1) The commission shall develop a voluntary program to educate pregnant patients with respect to the banking of postnatal tissue and fluid. (2) The program shall include: (A) An explanation of the difference between public and private postnatal tissue and fluid banking programs; (B) The medical process involved in the collection and storage of postnatal tissue and fluid; (C) The current and potential future medical uses of stored postnatal tissue and fluid; (D) The benefits and risks involved in the banking of postnatal tissue and fluid; and (E) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks. Acts 2007, No. 695, § 1.

(a) (1) On or before June 30, 2008, the Arkansas Commission for the Newborn Umbilical Cord Blood Initiative shall establish a network of postnatal tissue and fluid banks in partnership with one (1) or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid. (2) The Newborn Umbilical Cord Blood Bank shall create a voluntary program to make tissue and fluid available for scientific research and medical treatment in accordance with this subchapter. (3) A parent of a child born in this state may voluntarily contribute postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank.

(1) On or before June 30, 2008, the Arkansas Commission for the Newborn Umbilical Cord Blood Initiative shall establish a network of postnatal tissue and fluid banks in partnership with one (1) or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid.

(2) The Newborn Umbilical Cord Blood Bank shall create a voluntary program to make tissue and fluid available for scientific research and medical treatment in accordance with this subchapter.

(3) A parent of a child born in this state may voluntarily contribute postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank.

(b) (1) The commission shall develop a voluntary program to educate pregnant patients with respect to the banking of postnatal tissue and fluid. (2) The program shall include: (A) An explanation of the difference between public and private postnatal tissue and fluid banking programs; (B) The medical process involved in the collection and storage of postnatal tissue and fluid; (C) The current and potential future medical uses of stored postnatal tissue and fluid; (D) The benefits and risks involved in the banking of postnatal tissue and fluid; and (E) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks.

(1) The commission shall develop a voluntary program to educate pregnant patients with respect to the banking of postnatal tissue and fluid.

(2) The program shall include: (A) An explanation of the difference between public and private postnatal tissue and fluid banking programs; (B) The medical process involved in the collection and storage of postnatal tissue and fluid; (C) The current and potential future medical uses of stored postnatal tissue and fluid; (D) The benefits and risks involved in the banking of postnatal tissue and fluid; and (E) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks.

(A) An explanation of the difference between public and private postnatal tissue and fluid banking programs;

(B) The medical process involved in the collection and storage of postnatal tissue and fluid;

(C) The current and potential future medical uses of stored postnatal tissue and fluid;

(D) The benefits and risks involved in the banking of postnatal tissue and fluid; and

(E) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks.

Acts 2007, No. 695, § 1.
Ark. Code Ann. § 20-6-403 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-403
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Compassionate care visitation" means a visit with a friend or family member that is necessary to meet the physical or mental needs of a resident when a resident is exhibiting signs of physical or mental distress, including without limitation: (i) End-of-life situations; (ii) Adjustment support after moving to a new facility or environment; (iii) Emotional support after the loss of a friend or family member; (iv) Physical support after eating or drinking issues, including weight loss or dehydration; or (v) Social support after frequent crying, distress, or depression. (B) "Compassionate care visitation" includes without limitation: (i) Clergy members; (ii) Lay persons offering religious or spiritual support; (iii) Other persons requested by the resident for the purpose of a compassionate care visit; and (iv) A person providing a service requested by the resident such as a hair dresser or barber; (2) "Healthcare facility" means a hospital, an office of a healthcare professional, a long-term care facility, or a hospice facility; (3) "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; (4) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) An intermediate care facility for individuals with developmental disabilities; (E) An assisted living facility; or (F) A facility that provides long-term medical or personal care; (5) "Other individuals given access" means persons other than patients and residents of a healthcare facility; (6) "Patient with a disability" means a patient who needs assistance to effectively communicate with hospital staff, make healthcare decisions, or engage in activities of daily living due to a disability such as: (A) A physical, intellectual, behavioral, or cognitive disability; (B) Deafness, being hard of hearing, or other communication barriers; (C) Blindness; (D) Autism spectrum disorder; or (E) Dementia; and (7) "Support person" means an individual other than a spouse or legal guardian who is designated by the patient to advocate or provide support for the patient. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

As used in this subchapter:

(1) (A) "Compassionate care visitation" means a visit with a friend or family member that is necessary to meet the physical or mental needs of a resident when a resident is exhibiting signs of physical or mental distress, including without limitation: (i) End-of-life situations; (ii) Adjustment support after moving to a new facility or environment; (iii) Emotional support after the loss of a friend or family member; (iv) Physical support after eating or drinking issues, including weight loss or dehydration; or (v) Social support after frequent crying, distress, or depression. (B) "Compassionate care visitation" includes without limitation: (i) Clergy members; (ii) Lay persons offering religious or spiritual support; (iii) Other persons requested by the resident for the purpose of a compassionate care visit; and (iv) A person providing a service requested by the resident such as a hair dresser or barber;

(A) "Compassionate care visitation" means a visit with a friend or family member that is necessary to meet the physical or mental needs of a resident when a resident is exhibiting signs of physical or mental distress, including without limitation: (i) End-of-life situations; (ii) Adjustment support after moving to a new facility or environment; (iii) Emotional support after the loss of a friend or family member; (iv) Physical support after eating or drinking issues, including weight loss or dehydration; or (v) Social support after frequent crying, distress, or depression.

(i) End-of-life situations;

(ii) Adjustment support after moving to a new facility or environment;

(iii) Emotional support after the loss of a friend or family member;

(iv) Physical support after eating or drinking issues, including weight loss or dehydration; or

(v) Social support after frequent crying, distress, or depression.

(B) "Compassionate care visitation" includes without limitation: (i) Clergy members; (ii) Lay persons offering religious or spiritual support; (iii) Other persons requested by the resident for the purpose of a compassionate care visit; and (iv) A person providing a service requested by the resident such as a hair dresser or barber;

(i) Clergy members;

(ii) Lay persons offering religious or spiritual support;

(iii) Other persons requested by the resident for the purpose of a compassionate care visit; and

(iv) A person providing a service requested by the resident such as a hair dresser or barber;

(2) "Healthcare facility" means a hospital, an office of a healthcare professional, a long-term care facility, or a hospice facility;

(3) "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;

(4) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) An intermediate care facility for individuals with developmental disabilities; (E) An assisted living facility; or (F) A facility that provides long-term medical or personal care;

(A) A nursing home;

(B) A residential care facility;

(C) A post-acute head injury retraining and residential facility;

(D) An intermediate care facility for individuals with developmental disabilities;

(E) An assisted living facility; or

(F) A facility that provides long-term medical or personal care;

(5) "Other individuals given access" means persons other than patients and residents of a healthcare facility;

(6) "Patient with a disability" means a patient who needs assistance to effectively communicate with hospital staff, make healthcare decisions, or engage in activities of daily living due to a disability such as: (A) A physical, intellectual, behavioral, or cognitive disability; (B) Deafness, being hard of hearing, or other communication barriers; (C) Blindness; (D) Autism spectrum disorder; or (E) Dementia; and

(A) A physical, intellectual, behavioral, or cognitive disability;

(B) Deafness, being hard of hearing, or other communication barriers;

(C) Blindness;

(D) Autism spectrum disorder; or

(E) Dementia; and

(7) "Support person" means an individual other than a spouse or legal guardian who is designated by the patient to advocate or provide support for the patient.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-47-223 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-223
Admission not adjudication of incapacity
Status: in_force

No person admitted voluntarily or involuntarily to a receiving facility or program or hospital under this subchapter shall be considered incapacitated per se by virtue of admission. Acts 1989, No. 861, § 22.

No person admitted voluntarily or involuntarily to a receiving facility or program or hospital under this subchapter shall be considered incapacitated per se by virtue of admission.

Acts 1989, No. 861, § 22.
Ark. Code Ann. § 20-47-301 — AR Code / Title 20 / Chapter 47 / Subchapter 3 / Section 20-47-301
Legislative findings and intent
Status: in_force

(a) (1) The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent problems with the current system that create disincentives for proper care and physical environments. (2) The General Assembly further recognizes that: (A) Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities; (B) An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in § 20-48-101 is not able to receive similar services through the Medicaid Personal Care Program; and (C) This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities. (b) The purpose of this subchapter is to provide short-term solutions and long-term solutions to the problem of caring for individuals with mental illness, elderly persons, and other residents in residential care facilities and assisted living facilities and individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 . Acts 1999, No. 1421, § 1; 2011, No. 1156, § 1.

(a) (1) The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent problems with the current system that create disincentives for proper care and physical environments. (2) The General Assembly further recognizes that: (A) Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities; (B) An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in § 20-48-101 is not able to receive similar services through the Medicaid Personal Care Program; and (C) This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities.

(1) The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent problems with the current system that create disincentives for proper care and physical environments.

(2) The General Assembly further recognizes that: (A) Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities; (B) An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in § 20-48-101 is not able to receive similar services through the Medicaid Personal Care Program; and (C) This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities.

(A) Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities;

(B) An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in § 20-48-101 is not able to receive similar services through the Medicaid Personal Care Program; and

(C) This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities.

(b) The purpose of this subchapter is to provide short-term solutions and long-term solutions to the problem of caring for individuals with mental illness, elderly persons, and other residents in residential care facilities and assisted living facilities and individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 .

Acts 1999, No. 1421, § 1; 2011, No. 1156, § 1.
Ark. Code Ann. § 20-7-614 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-614
Effective date
Status: in_force

(a) The Prescription Drug Monitoring Program shall become operational March 1, 2013, if full funding is available under § 20-7-610 . (b) The Secretary of the Department of Health may suspend operation of the program if adequate funding under § 20-7-610 ceases. Amended by Act 2019, No. 910,§ 4954, eff. 7/1/2019. Acts 2011, No. 304, § 1.

(a) The Prescription Drug Monitoring Program shall become operational March 1, 2013, if full funding is available under § 20-7-610 .

(b) The Secretary of the Department of Health may suspend operation of the program if adequate funding under § 20-7-610 ceases.

Amended by Act 2019, No. 910,§ 4954, eff. 7/1/2019.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-15-2110 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2110
Immunity
Status: in_force

(a) Except in the case of gross negligence or willful misconduct, a person or entity that manufacturers, imports, distributes, prescribes, dispenses, administers, or is otherwise involved in the care of an eligible patient using an investigational drug, biological product, or device is immune from civil liability for any loss, damage, or injury arising out of, relating to, or resulting from the investigational drug, biological product, or device so long as the person or entity is substantially complying in good faith with this subchapter. (b) This subchapter does not require a medical professional who is licensed under the laws of this state to counsel, advise, prescribe, dispense, administer, or otherwise be involved in the care of an eligible patient using an investigational drug, biological product, or device. (c) This subchapter does not require a hospital licensed under § 20-9-213 to provide any service related to an investigational drug, biological product, or device. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

(a) Except in the case of gross negligence or willful misconduct, a person or entity that manufacturers, imports, distributes, prescribes, dispenses, administers, or is otherwise involved in the care of an eligible patient using an investigational drug, biological product, or device is immune from civil liability for any loss, damage, or injury arising out of, relating to, or resulting from the investigational drug, biological product, or device so long as the person or entity is substantially complying in good faith with this subchapter.

(b) This subchapter does not require a medical professional who is licensed under the laws of this state to counsel, advise, prescribe, dispense, administer, or otherwise be involved in the care of an eligible patient using an investigational drug, biological product, or device.

(c) This subchapter does not require a hospital licensed under § 20-9-213 to provide any service related to an investigational drug, biological product, or device.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-21-204 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-204
Penalties
Status: in_force

(a) Criminal Penalties. Any person who willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant thereto shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. (b) Civil Penalties. (1) Any person may be subject to a civil penalty, to be imposed by the State Radiation Control Agency, not to exceed five thousand dollars ($5,000), that: (A) Violates any licensing or registration provision of this subchapter or any rule or order issued under this subchapter, or any term, condition, or limitation of any license or registration certificate issued thereunder; or (B) Commits any violation for which a license or registration certificate may be revoked under rules issued pursuant to this subchapter. (2) If any violation is a continuing one, each day of the violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (3) The agency shall have the authority to compromise, mitigate, or remit penalties. (4) Whenever the agency proposes to subject a person to the imposition of a civil penalty under this subsection, the agency shall notify the person in writing: (A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provisions of the section, rule, order, license, or registration certificate involved in the violation; and (C) Advising of each penalty which the agency proposes to impose and its amount. (5) (A) The written notice shall be sent by registered or certified mail by the agency to the last known address of the person. (B) The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule prescribe, why the penalty should not be imposed. (C) The notice shall also advise the person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action. (6) (A) Upon the request of the agency, the Attorney General may institute civil action to collect a penalty imposed pursuant to this subsection. (B) The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection. (7) (A) All moneys collected from civil penalties shall be paid to the Treasurer of State for deposit into the General Revenue Fund Account of the State Apportionment Fund. (B) Moneys collected from civil penalties shall not be used for normal operating expenses of the agency except as appropriations are made from the General Revenue Fund Account of the State Apportionment Fund in the normal budgetary process. Amended by Act 2019, No. 315,§ 2013, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2012, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2011, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2010, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 14; 1983, No. 19, § 10; A.S.A. 1947, § 82-1525.

(a) Criminal Penalties. Any person who willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant thereto shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

(b) Civil Penalties. (1) Any person may be subject to a civil penalty, to be imposed by the State Radiation Control Agency, not to exceed five thousand dollars ($5,000), that: (A) Violates any licensing or registration provision of this subchapter or any rule or order issued under this subchapter, or any term, condition, or limitation of any license or registration certificate issued thereunder; or (B) Commits any violation for which a license or registration certificate may be revoked under rules issued pursuant to this subchapter. (2) If any violation is a continuing one, each day of the violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (3) The agency shall have the authority to compromise, mitigate, or remit penalties. (4) Whenever the agency proposes to subject a person to the imposition of a civil penalty under this subsection, the agency shall notify the person in writing: (A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provisions of the section, rule, order, license, or registration certificate involved in the violation; and (C) Advising of each penalty which the agency proposes to impose and its amount. (5) (A) The written notice shall be sent by registered or certified mail by the agency to the last known address of the person. (B) The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule prescribe, why the penalty should not be imposed. (C) The notice shall also advise the person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action. (6) (A) Upon the request of the agency, the Attorney General may institute civil action to collect a penalty imposed pursuant to this subsection. (B) The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection. (7) (A) All moneys collected from civil penalties shall be paid to the Treasurer of State for deposit into the General Revenue Fund Account of the State Apportionment Fund. (B) Moneys collected from civil penalties shall not be used for normal operating expenses of the agency except as appropriations are made from the General Revenue Fund Account of the State Apportionment Fund in the normal budgetary process.

(1) Any person may be subject to a civil penalty, to be imposed by the State Radiation Control Agency, not to exceed five thousand dollars ($5,000), that: (A) Violates any licensing or registration provision of this subchapter or any rule or order issued under this subchapter, or any term, condition, or limitation of any license or registration certificate issued thereunder; or (B) Commits any violation for which a license or registration certificate may be revoked under rules issued pursuant to this subchapter.

(A) Violates any licensing or registration provision of this subchapter or any rule or order issued under this subchapter, or any term, condition, or limitation of any license or registration certificate issued thereunder; or

(B) Commits any violation for which a license or registration certificate may be revoked under rules issued pursuant to this subchapter.

(2) If any violation is a continuing one, each day of the violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.

(3) The agency shall have the authority to compromise, mitigate, or remit penalties.

(4) Whenever the agency proposes to subject a person to the imposition of a civil penalty under this subsection, the agency shall notify the person in writing: (A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provisions of the section, rule, order, license, or registration certificate involved in the violation; and (C) Advising of each penalty which the agency proposes to impose and its amount.

(A) Setting forth the date, facts, and nature of each act or omission with which the person is charged;

(B) Specifically identifying the particular provisions of the section, rule, order, license, or registration certificate involved in the violation; and

(C) Advising of each penalty which the agency proposes to impose and its amount.

(5) (A) The written notice shall be sent by registered or certified mail by the agency to the last known address of the person. (B) The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule prescribe, why the penalty should not be imposed. (C) The notice shall also advise the person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action.

(A) The written notice shall be sent by registered or certified mail by the agency to the last known address of the person.

(B) The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule prescribe, why the penalty should not be imposed.

(C) The notice shall also advise the person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action.

(6) (A) Upon the request of the agency, the Attorney General may institute civil action to collect a penalty imposed pursuant to this subsection. (B) The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection.

(A) Upon the request of the agency, the Attorney General may institute civil action to collect a penalty imposed pursuant to this subsection.

(B) The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection.

(7) (A) All moneys collected from civil penalties shall be paid to the Treasurer of State for deposit into the General Revenue Fund Account of the State Apportionment Fund. (B) Moneys collected from civil penalties shall not be used for normal operating expenses of the agency except as appropriations are made from the General Revenue Fund Account of the State Apportionment Fund in the normal budgetary process.

(A) All moneys collected from civil penalties shall be paid to the Treasurer of State for deposit into the General Revenue Fund Account of the State Apportionment Fund.

(B) Moneys collected from civil penalties shall not be used for normal operating expenses of the agency except as appropriations are made from the General Revenue Fund Account of the State Apportionment Fund in the normal budgetary process.

Amended by Act 2019, No. 315,§ 2013, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2012, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2011, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2010, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 14; 1983, No. 19, § 10; A.S.A. 1947, § 82-1525.
Ark. Code Ann. § 20-15-1402 — AR Code / Title 20 / Chapter 15 / Subchapter 14 / Section 20-15-1402
Legislative findings
Status: in_force

It is found and determined by the General Assembly that: (1) Osteoporosis, a bone-thinning disease, is a major public health problem that poses a threat to the health and quality of life of as many as twenty-five million (25,000,000) Americans; (2) The annual direct and indirect costs of osteoporosis to the healthcare system are estimated to be as high as eighteen billion dollars ($18,000,000,000) in 1993 and are expected to rise above sixty billion dollars ($60,000,000,000) in the year 2020; (3) Since osteoporosis progresses silently and currently has no cure, prevention, early diagnosis, and treatment are keys to reducing the prevalence of devastation from this disease; (4) Experts in the field of osteoporosis believe that with greater awareness of the value of prevention among medical experts, service providers, and the public, osteoporosis will be preventable and treatable in the future, thereby reducing the costs of long-term care and improving the quality of life for all Americans; and (5) Educating the public and the healthcare community throughout the State of Arkansas about this potentially devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all Arkansans. Acts 1997, No. 732, § 2.

It is found and determined by the General Assembly that:

(1) Osteoporosis, a bone-thinning disease, is a major public health problem that poses a threat to the health and quality of life of as many as twenty-five million (25,000,000) Americans;

(2) The annual direct and indirect costs of osteoporosis to the healthcare system are estimated to be as high as eighteen billion dollars ($18,000,000,000) in 1993 and are expected to rise above sixty billion dollars ($60,000,000,000) in the year 2020;

(3) Since osteoporosis progresses silently and currently has no cure, prevention, early diagnosis, and treatment are keys to reducing the prevalence of devastation from this disease;

(4) Experts in the field of osteoporosis believe that with greater awareness of the value of prevention among medical experts, service providers, and the public, osteoporosis will be preventable and treatable in the future, thereby reducing the costs of long-term care and improving the quality of life for all Americans; and

(5) Educating the public and the healthcare community throughout the State of Arkansas about this potentially devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all Arkansans.

Acts 1997, No. 732, § 2.
Ark. Code Ann. § 20-21-501 — AR Code / Title 20 / Chapter 21 / Subchapter 5 / Section 20-21-501
Definitions
Status: in_force

As used in this subchapter: (1) "Chief executive officer" means the county judge of each county in this state; (2) "Cooperative agreement" means the written instrument which sets forth the conditions to be met by each county in order to qualify for grant funds authorized by this subchapter; (3) "Division of Health" means the Nuclear Planning and Response Program of the Division of Radiation Control and Emergency Management of the Department of Health, with the Secretary of the Department of Health having the ultimate authority over any activities conducted by that program, division, and department; (4) "Failure to perform" means: (A) Utilization of grant funds which is inconsistent with the terms of the cooperative agreement; (B) Failure to demonstrate the capability to carry out the minimum responsibilities as defined in the cooperative agreement; or (C) Failure to adhere to the conditions or requirements of the cooperative agreement; (5) "Local government" means the cities, towns, municipalities, or other political subdivisions, or agencies thereof, located within a county in this state; and (6) "Radiological response plan" means the specific operational procedures to be performed by the citizens of each county in the event of either an actual or a practice nuclear emergency. Amended by Act 2019, No. 910,§ 5027, eff. 7/1/2019. Acts 1983, No. 536, § 1; A.S.A. 1947, § 82-1546.

As used in this subchapter:

(1) "Chief executive officer" means the county judge of each county in this state;

(2) "Cooperative agreement" means the written instrument which sets forth the conditions to be met by each county in order to qualify for grant funds authorized by this subchapter;

(3) "Division of Health" means the Nuclear Planning and Response Program of the Division of Radiation Control and Emergency Management of the Department of Health, with the Secretary of the Department of Health having the ultimate authority over any activities conducted by that program, division, and department;

(4) "Failure to perform" means: (A) Utilization of grant funds which is inconsistent with the terms of the cooperative agreement; (B) Failure to demonstrate the capability to carry out the minimum responsibilities as defined in the cooperative agreement; or (C) Failure to adhere to the conditions or requirements of the cooperative agreement;

(A) Utilization of grant funds which is inconsistent with the terms of the cooperative agreement;

(B) Failure to demonstrate the capability to carry out the minimum responsibilities as defined in the cooperative agreement; or

(C) Failure to adhere to the conditions or requirements of the cooperative agreement;

(5) "Local government" means the cities, towns, municipalities, or other political subdivisions, or agencies thereof, located within a county in this state; and

(6) "Radiological response plan" means the specific operational procedures to be performed by the citizens of each county in the event of either an actual or a practice nuclear emergency.

Amended by Act 2019, No. 910,§ 5027, eff. 7/1/2019.

Acts 1983, No. 536, § 1; A.S.A. 1947, § 82-1546.
Ark. Code Ann. § 20-10-2101 — AR Code / Title 20 / Chapter 10 / Subchapter 21 / Section 20-10-2101
Definitions
Status: in_force

As used in this subchapter: (1) "Long-term care facility" means a nursing facility or a licensed level II assisted living facility; (2) "Medicaid" means the medical assistance program established under § 20-77-101 et seq.; (3) "Nursing facility" has the same meaning as in § 20-10-1401 ; (4) "Options counseling for long-term care" means the process of providing service under the Arkansas Options Counseling for Long-Term Care Program; and (5) "Representative" means a family member, attorney, hospital social worker, or any other person chosen by an individual to act on behalf of the individual: (A) Seeking a long-term care consultation; or (B) Admitted to a long-term care facility January 1, 2008, or later. Acts 2007, No. 516, § 1.

As used in this subchapter:

(1) "Long-term care facility" means a nursing facility or a licensed level II assisted living facility;

(2) "Medicaid" means the medical assistance program established under § 20-77-101 et seq.;

(3) "Nursing facility" has the same meaning as in § 20-10-1401 ;

(4) "Options counseling for long-term care" means the process of providing service under the Arkansas Options Counseling for Long-Term Care Program; and

(5) "Representative" means a family member, attorney, hospital social worker, or any other person chosen by an individual to act on behalf of the individual: (A) Seeking a long-term care consultation; or (B) Admitted to a long-term care facility January 1, 2008, or later.

(A) Seeking a long-term care consultation; or

(B) Admitted to a long-term care facility January 1, 2008, or later.

Acts 2007, No. 516, § 1.
Ark. Code Ann. § 20-10-1503 — AR Code / Title 20 / Chapter 10 / Subchapter 15 / Section 20-10-1503
Applicability
Status: in_force

For the purposes of this subchapter, a long-term care facility has an Alzheimer's special care unit if the long-term care facility advertises or otherwise holds itself out as having one (1) or more special units for residents with a diagnosis of probable Alzheimer's disease or related dementia. Acts 1999, No. 484, § 3; 2001, No. 500, § 2.

For the purposes of this subchapter, a long-term care facility has an Alzheimer's special care unit if the long-term care facility advertises or otherwise holds itself out as having one (1) or more special units for residents with a diagnosis of probable Alzheimer's disease or related dementia.

Acts 1999, No. 484, § 3; 2001, No. 500, § 2.
Ark. Code Ann. § 20-15-701 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-701
Definition
Status: in_force

As used in this subchapter, "active tuberculosis" means that the disease is in a communicable or infectious stage as established by chest X-ray, microscopical examination of sputum, or other diagnostic procedures approved by the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 5002, eff. 7/1/2019. Acts 1955, No. 161, § 1; A.S.A. 1947, § 82-611.

As used in this subchapter, "active tuberculosis" means that the disease is in a communicable or infectious stage as established by chest X-ray, microscopical examination of sputum, or other diagnostic procedures approved by the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 5002, eff. 7/1/2019.

Acts 1955, No. 161, § 1; A.S.A. 1947, § 82-611.
Ark. Code Ann. § 20-48-305 — AR Code / Title 20 / Chapter 48 / Subchapter 3 / Section 20-48-305
Status of interstate compacts
Status: in_force

Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact. Acts 1973, No. 465, § 5; A.S.A. 1947, § 59-1017.

Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact.

Acts 1973, No. 465, § 5; A.S.A. 1947, § 59-1017.
Ark. Code Ann. § 20-81-111 — AR Code / Title 20 / Chapter 81 / Section 20-81-111
Entitlement of all veterans to privileges
Status: in_force

The soldiers, sailors, and Marines who were disabled in military service during the World Wars, Korean War, and Vietnam War and the dependents of the soldiers, sailors, and Marines are entitled to the same privileges as are now enjoyed by all other veterans. Acts 1959, No. 423, § 1; 1973, No. 251, § 1; A.S.A. 1947, § 11-1711.

The soldiers, sailors, and Marines who were disabled in military service during the World Wars, Korean War, and Vietnam War and the dependents of the soldiers, sailors, and Marines are entitled to the same privileges as are now enjoyed by all other veterans.

Acts 1959, No. 423, § 1; 1973, No. 251, § 1; A.S.A. 1947, § 11-1711.
Ark. Code Ann. § 20-19-610 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-610
Rules
Status: in_force

(a) The Arkansas State Game and Fish Commission may adopt rules to implement this subchapter. (b) A rule adopted under this subchapter shall not add to the list of exempt entities or species of primates or impose additional fees or insurance requirements. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

(a) The Arkansas State Game and Fish Commission may adopt rules to implement this subchapter.

(b) A rule adopted under this subchapter shall not add to the list of exempt entities or species of primates or impose additional fees or insurance requirements.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-49-206 — AR Code / Title 20 / Chapter 49 / Subchapter 2 / Section 20-49-206
Appeal
Status: in_force

An order for sterilization may be appealed from as in other cases at law or in equity, and no such order shall be executed during the time that an appeal may be taken or while an appeal is pending. Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

An order for sterilization may be appealed from as in other cases at law or in equity, and no such order shall be executed during the time that an appeal may be taken or while an appeal is pending.

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-29-112 — AR Code / Title 20 / Chapter 29 / Section 20-29-112
Rules
Status: in_force

The Arkansas Manufactured Home Commission may establish rules for implementation of this chapter. Amended by Act 2019, No. 315,§ 2127, eff. 7/24/2019. Acts 1991, No. 373, § 3.

The Arkansas Manufactured Home Commission may establish rules for implementation of this chapter.

Amended by Act 2019, No. 315,§ 2127, eff. 7/24/2019.

Acts 1991, No. 373, § 3.
Ark. Code Ann. § 20-80-202 — AR Code / Title 20 / Chapter 80 / Subchapter 2 / Section 20-80-202
Purpose
Status: in_force

(a) In order to foster and promote useful part-time employment opportunities in community service activities for persons who are fifty-five (55) years of age or older and who have poor employment prospects, the Older Worker Community Service Employment Program is created. (b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and administer the program in accordance with the provisions of this subchapter, utilizing such funds as may be appropriated by the General Assembly in support of this subchapter. Amended by Act 2017, No. 913,§ 115, eff. 8/1/2017. Amended by Act 2015, No. 295,§ 1, eff. 7/22/2015. Acts 1985, No. 1031, § 2; A.S.A. 1947, § 81-1508.

(a) In order to foster and promote useful part-time employment opportunities in community service activities for persons who are fifty-five (55) years of age or older and who have poor employment prospects, the Older Worker Community Service Employment Program is created.

(b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and administer the program in accordance with the provisions of this subchapter, utilizing such funds as may be appropriated by the General Assembly in support of this subchapter.

Amended by Act 2017, No. 913,§ 115, eff. 8/1/2017.

Amended by Act 2015, No. 295,§ 1, eff. 7/22/2015.

Acts 1985, No. 1031, § 2; A.S.A. 1947, § 81-1508.
Ark. Code Ann. § 20-48-212 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-212
Amount requested for Special Olympics Arkansas
Status: in_force

(a) The Board of Developmental Disabilities Services, when preparing its biennial budget request for submission to the Governor and the Legislative Council, shall consult with Special Olympics Arkansas concerning the amount which is to be submitted as the request for each year of the forthcoming biennium for a grant to Special Olympics Arkansas. (b) The amount determined by Special Olympics Arkansas shall be submitted as the board's request to the Governor and to the Legislative Council. Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019. Acts 1989 (1st Ex. Sess.), No. 246, § 17.

(a) The Board of Developmental Disabilities Services, when preparing its biennial budget request for submission to the Governor and the Legislative Council, shall consult with Special Olympics Arkansas concerning the amount which is to be submitted as the request for each year of the forthcoming biennium for a grant to Special Olympics Arkansas.

(b) The amount determined by Special Olympics Arkansas shall be submitted as the board's request to the Governor and to the Legislative Council.

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

Acts 1989 (1st Ex. Sess.), No. 246, § 17.
Ark. Code Ann. § 20-80-305 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-305
Recognition of specific agencies - Jurisdiction
Status: in_force

The General Assembly recognizes as community action agencies and their jurisdiction, the following nineteen (19) existing community action organizations: (1) Arkansas River Valley Area Council, consisting of Franklin, Scott, Yell, Johnson, Pope, Conway, Perry, Logan, and Polk counties; (2) Black River Area Development Corporation, consisting of Randolph, Clay, and Lawrence counties; (3) Central Arkansas Development Council, consisting of Saline, Hot Spring, Clark, Pike, and Montgomery counties; (4) Community Action Program for Central Arkansas, consisting of White, Faulkner, and Cleburne counties; (5) Crowley's Ridge Development Council, Inc., consisting of Craighead, Greene, Jackson, and Poinsett counties; (6) Crawford-Sebastian Community Development Council, Inc., consisting of Crawford and Sebastian counties; (7) Community Services Office, Inc., consisting of Garland County; (8) East Central Arkansas Economic Opportunity Corporation, consisting of Cross, St. Francis, Woodruff, Crittenden, and Lee counties; (9) Economic Opportunity Agency of Pulaski County, consisting of Pulaski and Lonoke counties; (10) Economic Opportunity Agency of Washington County, consisting of Washington County; (11) Arkansas Economic Opportunity Commission, Inc., consisting of Mississippi County; (12) Mid-Delta Community Services, Inc., consisting of Phillips, Monroe, and Prairie counties; (13) Northcentral Arkansas Development Council, consisting of Fulton, Izard, Sharp, Stone, and Independence counties; (14) Office of Human Concern, consisting of Benton, Carroll, and Madison counties; (15) Ozark Opportunities, Inc., consisting of Van Buren, Searcy, Boone, Marion, Baxter, and Newton counties; (16) Pine Bluff Jefferson County Economic Opportunity Commission, Inc., consisting of Jefferson, Grant, Arkansas, Lincoln, and Cleveland counties; (17) South Central Community Action Authority, consisting of Ouachita, Columbia, Calhoun, Dallas, and Union counties; (18) Southeast Arkansas Community Action Corporation, consisting of Bradley, Drew, Desha, Ashley, and Chicot counties; and (19) Southwest Arkansas Development Council, Inc., consisting of Little River, Hempstead, Miller, Lafayette, Howard, Sevier, and Nevada counties. Acts 1985, No. 345, § 2; A.S.A. 1947, § 83-1108.

The General Assembly recognizes as community action agencies and their jurisdiction, the following nineteen (19) existing community action organizations:

(1) Arkansas River Valley Area Council, consisting of Franklin, Scott, Yell, Johnson, Pope, Conway, Perry, Logan, and Polk counties;

(2) Black River Area Development Corporation, consisting of Randolph, Clay, and Lawrence counties;

(3) Central Arkansas Development Council, consisting of Saline, Hot Spring, Clark, Pike, and Montgomery counties;

(4) Community Action Program for Central Arkansas, consisting of White, Faulkner, and Cleburne counties;

(5) Crowley's Ridge Development Council, Inc., consisting of Craighead, Greene, Jackson, and Poinsett counties;

(6) Crawford-Sebastian Community Development Council, Inc., consisting of Crawford and Sebastian counties;

(7) Community Services Office, Inc., consisting of Garland County;

(8) East Central Arkansas Economic Opportunity Corporation, consisting of Cross, St. Francis, Woodruff, Crittenden, and Lee counties;

(9) Economic Opportunity Agency of Pulaski County, consisting of Pulaski and Lonoke counties;

(10) Economic Opportunity Agency of Washington County, consisting of Washington County;

(11) Arkansas Economic Opportunity Commission, Inc., consisting of Mississippi County;

(12) Mid-Delta Community Services, Inc., consisting of Phillips, Monroe, and Prairie counties;

(13) Northcentral Arkansas Development Council, consisting of Fulton, Izard, Sharp, Stone, and Independence counties;

(14) Office of Human Concern, consisting of Benton, Carroll, and Madison counties;

(15) Ozark Opportunities, Inc., consisting of Van Buren, Searcy, Boone, Marion, Baxter, and Newton counties;

(16) Pine Bluff Jefferson County Economic Opportunity Commission, Inc., consisting of Jefferson, Grant, Arkansas, Lincoln, and Cleveland counties;

(17) South Central Community Action Authority, consisting of Ouachita, Columbia, Calhoun, Dallas, and Union counties;

(18) Southeast Arkansas Community Action Corporation, consisting of Bradley, Drew, Desha, Ashley, and Chicot counties; and

(19) Southwest Arkansas Development Council, Inc., consisting of Little River, Hempstead, Miller, Lafayette, Howard, Sevier, and Nevada counties.

Acts 1985, No. 345, § 2; A.S.A. 1947, § 83-1108.
Ark. Code Ann. § 20-13-1005 — AR Code / Title 20 / Chapter 13 / Subchapter 10 / Section 20-13-1005
Revocation of license
Status: in_force

Three (3) formal citations during the license term for failure to comply with this subchapter and any rules promulgated by the Department of Health in regard to ambulance services shall result in revocation of the ambulance service license. Amended by Act 2019, No. 315,§ 1929, eff. 7/24/2019. Acts 1997, No. 1255, § 4.

Three (3) formal citations during the license term for failure to comply with this subchapter and any rules promulgated by the Department of Health in regard to ambulance services shall result in revocation of the ambulance service license.

Amended by Act 2019, No. 315,§ 1929, eff. 7/24/2019.

Acts 1997, No. 1255, § 4.
Ark. Code Ann. § 20-17-1204 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1204
Who may make anatomical gift before donor's death
Status: in_force

Subject to § 20-17-1208 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 20-17-1205 by: (1) the donor, if the donor is an adult or if the donor is a minor and is: (A) emancipated; or (B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age; (2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; (3) a parent of the donor, if the donor is an unemancipated minor; or (4) the donor's guardian. Acts 2007, No. 839, § 1.

Subject to § 20-17-1208 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 20-17-1205 by:

(1) the donor, if the donor is an adult or if the donor is a minor and is: (A) emancipated; or (B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;

(A) emancipated; or

(B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;

(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) a parent of the donor, if the donor is an unemancipated minor; or

(4) the donor's guardian.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-47-209 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-209
Initial hearing - Failure to appear - Exceptions from appearance requirement
Status: in_force

(a) If the person named in the original petition is not confined at the time that the petition is filed, the court may: (1) Enter an ex parte order directing a law enforcement officer to serve the person with a copy of the petition together with a notice to appear for an initial hearing. The hearing shall be set by the court within three (3) days, excluding weekends and holidays, of the filing of the original petition. If the person is duly served and fails to appear, the court shall issue an order of detention; or (2) Dismiss the petition. (b) The person named in the original petition is not required to appear and may be removed from the presence of the court upon a finding by the court that the person is: (1) By reason of physical infirmity unable to appear; (2) That the person's appearance would be detrimental to his or her mental health, well-being, or treatment; or (3) That his or her conduct before the court is so disruptive that the proceedings cannot reasonably continue with him or her present. (c) (1) The petitioner shall appear before the circuit judge hearing the petition to substantiate the petition. (2) The court shall make a determination based on clear and convincing evidence that there is probable cause to believe that the person has a mental illness, disease, or disorder and that one (1) of the criteria for involuntary admission applies to the person. (3) If such a determination is made, the person shall be admitted for evaluation, and a hearing pursuant to § 20-47-214 shall be held within the period specified in § 20-47-205 . Acts 1989, No. 861, § 5; 1989 (3rd Ex. Sess.), No. 72, § 1; 1997, No. 1224, § 3.

(a) If the person named in the original petition is not confined at the time that the petition is filed, the court may: (1) Enter an ex parte order directing a law enforcement officer to serve the person with a copy of the petition together with a notice to appear for an initial hearing. The hearing shall be set by the court within three (3) days, excluding weekends and holidays, of the filing of the original petition. If the person is duly served and fails to appear, the court shall issue an order of detention; or (2) Dismiss the petition.

(1) Enter an ex parte order directing a law enforcement officer to serve the person with a copy of the petition together with a notice to appear for an initial hearing. The hearing shall be set by the court within three (3) days, excluding weekends and holidays, of the filing of the original petition. If the person is duly served and fails to appear, the court shall issue an order of detention; or

(2) Dismiss the petition.

(b) The person named in the original petition is not required to appear and may be removed from the presence of the court upon a finding by the court that the person is: (1) By reason of physical infirmity unable to appear; (2) That the person's appearance would be detrimental to his or her mental health, well-being, or treatment; or (3) That his or her conduct before the court is so disruptive that the proceedings cannot reasonably continue with him or her present.

(1) By reason of physical infirmity unable to appear;

(2) That the person's appearance would be detrimental to his or her mental health, well-being, or treatment; or

(3) That his or her conduct before the court is so disruptive that the proceedings cannot reasonably continue with him or her present.

(c) (1) The petitioner shall appear before the circuit judge hearing the petition to substantiate the petition. (2) The court shall make a determination based on clear and convincing evidence that there is probable cause to believe that the person has a mental illness, disease, or disorder and that one (1) of the criteria for involuntary admission applies to the person. (3) If such a determination is made, the person shall be admitted for evaluation, and a hearing pursuant to § 20-47-214 shall be held within the period specified in § 20-47-205 .

(1) The petitioner shall appear before the circuit judge hearing the petition to substantiate the petition.

(2) The court shall make a determination based on clear and convincing evidence that there is probable cause to believe that the person has a mental illness, disease, or disorder and that one (1) of the criteria for involuntary admission applies to the person.

(3) If such a determination is made, the person shall be admitted for evaluation, and a hearing pursuant to § 20-47-214 shall be held within the period specified in § 20-47-205 .

Acts 1989, No. 861, § 5; 1989 (3rd Ex. Sess.), No. 72, § 1; 1997, No. 1224, § 3.
Ark. Code Ann. § 20-10-1405 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1405
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021. Acts 1999, No. 1529, § 5; 2005, No. 1411, § 4.

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021.

Acts 1999, No. 1529, § 5; 2005, No. 1411, § 4.
Ark. Code Ann. § 20-77-1715 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1715
Federal law
Status: in_force

(a) If any provision of this subchapter is found to conflict with current federal law, including promulgated federal regulations, the federal law shall override that provision. (b) If under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., the United States Government recovers an erroneous or improper medical assistance payment from the Department of Human Services, the department may recover the erroneous or improper medical assistance payment from the provider that received the payment or from a successor in interest who is legally responsible for the erroneous or improper medical assistance payment. Amended by Act 2013, No. 562,§ 6, eff. 8/16/2013. Acts 2005, No. 1758, § 1.

(a) If any provision of this subchapter is found to conflict with current federal law, including promulgated federal regulations, the federal law shall override that provision.

(b) If under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., the United States Government recovers an erroneous or improper medical assistance payment from the Department of Human Services, the department may recover the erroneous or improper medical assistance payment from the provider that received the payment or from a successor in interest who is legally responsible for the erroneous or improper medical assistance payment.

Amended by Act 2013, No. 562,§ 6, eff. 8/16/2013.

Acts 2005, No. 1758, § 1.
Ark. Code Ann. § 20-17-1029 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1029
[Repealed]
Status: repealed

Repealed by Act 2021, No. 343,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 60, eff. 7/1/2018. Acts 2007, No. 430, § 3; 2009, No. 952, § 5.

Repealed by Act 2021, No. 343,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 60, eff. 7/1/2018.

Acts 2007, No. 430, § 3; 2009, No. 952, § 5.
Ark. Code Ann. § 20-17-1001 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1001
Title
Status: in_force

This subchapter may be cited as the "Cemetery Act for Perpetually Maintained Cemeteries". Acts 1977, No. 352, § 1; A.S.A. 1947, § 82-426.1.

This subchapter may be cited as the "Cemetery Act for Perpetually Maintained Cemeteries".

Acts 1977, No. 352, § 1; A.S.A. 1947, § 82-426.1.
Ark. Code Ann. § 20-77-906 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-906
Evidence - Disclosure
Status: in_force

(a) If the Attorney General determines that disclosure to the respondent of the evidence relied on to establish reasonable cause is not in the best interests of the investigation, he or she may request that the court examine the evidence in camera. If the Attorney General makes this request, the court may examine the evidence in camera and then make its determination. (b) (1) Any procedure, testimony taken, or material produced under this section shall be kept confidential by the Attorney General before bringing an action against a person under this subchapter for the violation under investigation unless any of the following applies: (A) Confidentiality is waived by the person whose testimony is disclosed; (B) Confidentiality is waived by the person who produced to the Attorney General the material being disclosed; (C) The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the Attorney General; or (D) Disclosure is authorized by court order. (2) The Attorney General may disclose the testimony or material to an agency director of the State of Arkansas, of the United States, or of any other state, to the prosecuting attorney, or to the United States Attorney. (c) An investigator conducting an examination pursuant to this section may exclude from the place of examination any person except the person being examined and the person's counsel. (d) Nothing in this section shall be construed to limit the Attorney General's authority to access provider records in accordance with existing provisions of the Arkansas Code of 1987 Annotated. Acts 1993, No. 1299, § 5.

(a) If the Attorney General determines that disclosure to the respondent of the evidence relied on to establish reasonable cause is not in the best interests of the investigation, he or she may request that the court examine the evidence in camera. If the Attorney General makes this request, the court may examine the evidence in camera and then make its determination.

(b) (1) Any procedure, testimony taken, or material produced under this section shall be kept confidential by the Attorney General before bringing an action against a person under this subchapter for the violation under investigation unless any of the following applies: (A) Confidentiality is waived by the person whose testimony is disclosed; (B) Confidentiality is waived by the person who produced to the Attorney General the material being disclosed; (C) The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the Attorney General; or (D) Disclosure is authorized by court order. (2) The Attorney General may disclose the testimony or material to an agency director of the State of Arkansas, of the United States, or of any other state, to the prosecuting attorney, or to the United States Attorney.

(1) Any procedure, testimony taken, or material produced under this section shall be kept confidential by the Attorney General before bringing an action against a person under this subchapter for the violation under investigation unless any of the following applies: (A) Confidentiality is waived by the person whose testimony is disclosed; (B) Confidentiality is waived by the person who produced to the Attorney General the material being disclosed; (C) The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the Attorney General; or (D) Disclosure is authorized by court order.

(A) Confidentiality is waived by the person whose testimony is disclosed;

(B) Confidentiality is waived by the person who produced to the Attorney General the material being disclosed;

(C) The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the Attorney General; or

(D) Disclosure is authorized by court order.

(2) The Attorney General may disclose the testimony or material to an agency director of the State of Arkansas, of the United States, or of any other state, to the prosecuting attorney, or to the United States Attorney.

(c) An investigator conducting an examination pursuant to this section may exclude from the place of examination any person except the person being examined and the person's counsel.

(d) Nothing in this section shall be construed to limit the Attorney General's authority to access provider records in accordance with existing provisions of the Arkansas Code of 1987 Annotated.

Acts 1993, No. 1299, § 5.
Ark. Code Ann. § 20-64-505 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-505
Wholesale distributor - Permit required
Status: in_force

(a) Every wholesale distributor who shall engage in the wholesale distribution of prescription drugs, to include without limitation, manufacturing in this state, shipping into this state, or selling or offering to sell in this state, shall register annually with the Arkansas State Board of Pharmacy by application for a permit on a form furnished by the board and accompanied by a fee of two hundred dollars ($200). The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state, or for a parent entity with divisions, subdivisions, subsidiaries, or affiliate companies within this state when operations are conducted at more than one (1) location and there exists joint ownership and control among all the entities. (b) (1) The permit may be renewed annually at a renewal permit fee of one hundred dollars ($100). (2) All permits issued under this section shall expire on December 31 of each calendar year. (3) Each application for the renewal of the permit must be made on or before December 31 of each year, at which time the previous permits shall become null and void. (c) Each permit issued hereunder shall be displayed by the holder thereof in a conspicuous place. Acts 1969, No. 173, § 2; 1979, No. 751, § 4; 1981, No. 257, § 2; A.S.A. 1947, § 82-2114; Acts 1991, No. 739, § 4.

(a) Every wholesale distributor who shall engage in the wholesale distribution of prescription drugs, to include without limitation, manufacturing in this state, shipping into this state, or selling or offering to sell in this state, shall register annually with the Arkansas State Board of Pharmacy by application for a permit on a form furnished by the board and accompanied by a fee of two hundred dollars ($200). The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state, or for a parent entity with divisions, subdivisions, subsidiaries, or affiliate companies within this state when operations are conducted at more than one (1) location and there exists joint ownership and control among all the entities.

(b) (1) The permit may be renewed annually at a renewal permit fee of one hundred dollars ($100). (2) All permits issued under this section shall expire on December 31 of each calendar year. (3) Each application for the renewal of the permit must be made on or before December 31 of each year, at which time the previous permits shall become null and void.

(1) The permit may be renewed annually at a renewal permit fee of one hundred dollars ($100).

(2) All permits issued under this section shall expire on December 31 of each calendar year.

(3) Each application for the renewal of the permit must be made on or before December 31 of each year, at which time the previous permits shall become null and void.

(c) Each permit issued hereunder shall be displayed by the holder thereof in a conspicuous place.

Acts 1969, No. 173, § 2; 1979, No. 751, § 4; 1981, No. 257, § 2; A.S.A. 1947, § 82-2114; Acts 1991, No. 739, § 4.
Ark. Code Ann. § 20-9-908 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-908
Application for certification - Fee
Status: in_force

(a) An applicant for a certificate shall: (1) Submit an application to the State Board of Health; and (2) Pay to the board the application fee established by the board by rule. (b) The application shall: (1) Be on a form and accompanied by any supporting documentation that the board requires; and (2) Be signed and verified by the applicant. (c) The application fee required under this section shall be sufficient to pay for the administrative cost of the certification program and any other cost associated with carrying out this subchapter. (d) (1) All application fees shall be special revenues and deposited to the credit of the Public Health Fund. (2) Any unexpended balance of such fees at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purposes as set forth in this subchapter. Amended by Act 2019, No. 315,§ 1853, eff. 7/24/2019. Acts 1989, No. 537, § 5; 1993, No. 1045, § 1.

(a) An applicant for a certificate shall: (1) Submit an application to the State Board of Health; and (2) Pay to the board the application fee established by the board by rule.

(1) Submit an application to the State Board of Health; and

(2) Pay to the board the application fee established by the board by rule.

(b) The application shall: (1) Be on a form and accompanied by any supporting documentation that the board requires; and (2) Be signed and verified by the applicant.

(1) Be on a form and accompanied by any supporting documentation that the board requires; and

(2) Be signed and verified by the applicant.

(c) The application fee required under this section shall be sufficient to pay for the administrative cost of the certification program and any other cost associated with carrying out this subchapter.

(d) (1) All application fees shall be special revenues and deposited to the credit of the Public Health Fund. (2) Any unexpended balance of such fees at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purposes as set forth in this subchapter.

(1) All application fees shall be special revenues and deposited to the credit of the Public Health Fund.

(2) Any unexpended balance of such fees at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purposes as set forth in this subchapter.

Amended by Act 2019, No. 315,§ 1853, eff. 7/24/2019.

Acts 1989, No. 537, § 5; 1993, No. 1045, § 1.
Ark. Code Ann. § 20-16-501 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-501
Notification required
Status: in_force

(a) Any person who determines by laboratory examination that a specimen derived from a human body yields microscopical, cultural, serological, or other evidence suggestive of those sexually transmitted diseases enumerated in subsection (b) of this section shall notify the HIV/STD/Hepatitis C Section of the Department of Health of such findings. (b) Notice shall be given for the following conditions or diseases: (1) Syphilis; (2) Gonorrhea; (3) Chancroid; (4) Lymphogranuloma Venereum; and (5) Granuloma Inguinale. (c) Specific reportable sexually transmitted disease tests are: (1) All reactive or positive and weakly reactive or doubtful serological tests for syphilis; (2) All reactive or positive and weakly reactive or doubtful spinal fluid serological tests for syphilis; (3) All positive darkfield microscopic tests for treponema pallidum; (4) All positive gonococcal smears or cultures; and (5) All positive tests indicating the presence of Ducrey's bacillus, known as chancroid, or Donovan bodies, known as Granuloma Inguinale, or filterable virus, known as Lymphogranuloma Venereum. Acts 1973, No. 60, §§ 1, 3; A.S.A. 1947, §§ 82-632, 82-634; Acts 2007, No. 827, § 160.

(a) Any person who determines by laboratory examination that a specimen derived from a human body yields microscopical, cultural, serological, or other evidence suggestive of those sexually transmitted diseases enumerated in subsection (b) of this section shall notify the HIV/STD/Hepatitis C Section of the Department of Health of such findings.

(b) Notice shall be given for the following conditions or diseases: (1) Syphilis; (2) Gonorrhea; (3) Chancroid; (4) Lymphogranuloma Venereum; and (5) Granuloma Inguinale.

(1) Syphilis;

(2) Gonorrhea;

(3) Chancroid;

(4) Lymphogranuloma Venereum; and

(5) Granuloma Inguinale.

(c) Specific reportable sexually transmitted disease tests are: (1) All reactive or positive and weakly reactive or doubtful serological tests for syphilis; (2) All reactive or positive and weakly reactive or doubtful spinal fluid serological tests for syphilis; (3) All positive darkfield microscopic tests for treponema pallidum; (4) All positive gonococcal smears or cultures; and (5) All positive tests indicating the presence of Ducrey's bacillus, known as chancroid, or Donovan bodies, known as Granuloma Inguinale, or filterable virus, known as Lymphogranuloma Venereum.

(1) All reactive or positive and weakly reactive or doubtful serological tests for syphilis;

(2) All reactive or positive and weakly reactive or doubtful spinal fluid serological tests for syphilis;

(3) All positive darkfield microscopic tests for treponema pallidum;

(4) All positive gonococcal smears or cultures; and

(5) All positive tests indicating the presence of Ducrey's bacillus, known as chancroid, or Donovan bodies, known as Granuloma Inguinale, or filterable virus, known as Lymphogranuloma Venereum.

Acts 1973, No. 60, §§ 1, 3; A.S.A. 1947, §§ 82-632, 82-634; Acts 2007, No. 827, § 160.
Ark. Code Ann. § 20-10-1902 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1902
Definitions
Status: in_force

As used in this subchapter: (1) "Deficiency" means a violation or alleged violation by a long-term care facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a long-term care facility; (2) "Deficiency tag number" means an alphanumeric designation of a deficiency by the Office of Long-Term Care that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies; (3) (A) "Impartial decision maker" means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency. (B) "Impartial decision maker" does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services; (4) "Informal dispute resolution" means a nonjudicial process or forum before an impartial decision maker that provides a long-term care facility cited for deficiency with the opportunity to dispute a citation for deficiency; (5) "Long-term care facility" has the same meaning as under § 20-10-213 ; (6) "Party" means a long-term care facility requesting an informal dispute resolution hearing or the office, or both; (7) "State survey agency" means the office, which is the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Arkansas long-term care facilities; and (8) (A) "Statement of deficiencies" means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation. (B) A statement of deficiencies may also be referred to as a "2567". Acts 2003, No. 1108, § 1; 2011, No. 1144, § 1.

As used in this subchapter:

(1) "Deficiency" means a violation or alleged violation by a long-term care facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a long-term care facility;

(2) "Deficiency tag number" means an alphanumeric designation of a deficiency by the Office of Long-Term Care that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;

(3) (A) "Impartial decision maker" means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency. (B) "Impartial decision maker" does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services;

(A) "Impartial decision maker" means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency.

(B) "Impartial decision maker" does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services;

(4) "Informal dispute resolution" means a nonjudicial process or forum before an impartial decision maker that provides a long-term care facility cited for deficiency with the opportunity to dispute a citation for deficiency;

(5) "Long-term care facility" has the same meaning as under § 20-10-213 ;

(6) "Party" means a long-term care facility requesting an informal dispute resolution hearing or the office, or both;

(7) "State survey agency" means the office, which is the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Arkansas long-term care facilities; and

(8) (A) "Statement of deficiencies" means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation. (B) A statement of deficiencies may also be referred to as a "2567".

(A) "Statement of deficiencies" means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation.

(B) A statement of deficiencies may also be referred to as a "2567".

Acts 2003, No. 1108, § 1; 2011, No. 1144, § 1.
Ark. Code Ann. § 20-10-1207 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1207
Availability, distribution, and posting of reports and records
Status: in_force

(a) Within ten (10) days after the date of an annual inspection visit or within thirty (30) days after the date of any interim visit, the Office of Long-Term Care shall forward the results of all inspections of long-term care facilities to: (1) The ombudsman in whose county the inspected facility is located; and (2) At least one (1) public library or in the absence of a public library, the county clerk in the county in which the inspected facility is located. (b) Every long-term care facility licensee shall: (1) Post in a sufficient number of prominent positions in the facility so as to be accessible to all residents and to the general public the last inspection report or survey pertaining to the facility and issued by the office, with references to the page numbers of the full reports, noting any deficiencies found by the office and the actions taken by the licensee to rectify such deficiencies; and (2) Upon request, provide to any person who has completed a written application with an intent to be admitted, to any resident of the long-term care facility, or to any relative, spouse, or guardian of the person a copy of the last inspection report pertaining to the long-term care facility and issued by the office, provided that the person requesting the report agrees to pay a reasonable charge to cover copying costs. (c) (1) Each long-term care facility licensee shall maintain as public information, available upon request, records of inspection reports pertaining to that facility that have been filed with or issued by any governmental agency. (2) Copies of the reports shall be retained in the records for not less than five (5) years after the date the reports are filed or issued. Acts 1999, No. 1181, § 9.

(a) Within ten (10) days after the date of an annual inspection visit or within thirty (30) days after the date of any interim visit, the Office of Long-Term Care shall forward the results of all inspections of long-term care facilities to: (1) The ombudsman in whose county the inspected facility is located; and (2) At least one (1) public library or in the absence of a public library, the county clerk in the county in which the inspected facility is located.

(1) The ombudsman in whose county the inspected facility is located; and

(2) At least one (1) public library or in the absence of a public library, the county clerk in the county in which the inspected facility is located.

(b) Every long-term care facility licensee shall: (1) Post in a sufficient number of prominent positions in the facility so as to be accessible to all residents and to the general public the last inspection report or survey pertaining to the facility and issued by the office, with references to the page numbers of the full reports, noting any deficiencies found by the office and the actions taken by the licensee to rectify such deficiencies; and (2) Upon request, provide to any person who has completed a written application with an intent to be admitted, to any resident of the long-term care facility, or to any relative, spouse, or guardian of the person a copy of the last inspection report pertaining to the long-term care facility and issued by the office, provided that the person requesting the report agrees to pay a reasonable charge to cover copying costs.

(1) Post in a sufficient number of prominent positions in the facility so as to be accessible to all residents and to the general public the last inspection report or survey pertaining to the facility and issued by the office, with references to the page numbers of the full reports, noting any deficiencies found by the office and the actions taken by the licensee to rectify such deficiencies; and

(2) Upon request, provide to any person who has completed a written application with an intent to be admitted, to any resident of the long-term care facility, or to any relative, spouse, or guardian of the person a copy of the last inspection report pertaining to the long-term care facility and issued by the office, provided that the person requesting the report agrees to pay a reasonable charge to cover copying costs.

(c) (1) Each long-term care facility licensee shall maintain as public information, available upon request, records of inspection reports pertaining to that facility that have been filed with or issued by any governmental agency. (2) Copies of the reports shall be retained in the records for not less than five (5) years after the date the reports are filed or issued.

(1) Each long-term care facility licensee shall maintain as public information, available upon request, records of inspection reports pertaining to that facility that have been filed with or issued by any governmental agency.

(2) Copies of the reports shall be retained in the records for not less than five (5) years after the date the reports are filed or issued.

Acts 1999, No. 1181, § 9.
Ark. Code Ann. § 20-27-902 — AR Code / Title 20 / Chapter 27 / Subchapter 9 / Section 20-27-902
Penalties
Status: in_force

(a) Any person or company violating any of the provisions of this subchapter shall be guilty of a misdemeanor. (b) Upon conviction, the person or company shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned in the county jail not more than thirty (30) days, or both fined and imprisoned. Acts 1973, No. 117, § 5; A.S.A. 1947, § 82-736.

(a) Any person or company violating any of the provisions of this subchapter shall be guilty of a misdemeanor.

(b) Upon conviction, the person or company shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned in the county jail not more than thirty (30) days, or both fined and imprisoned.

Acts 1973, No. 117, § 5; A.S.A. 1947, § 82-736.
Ark. Code Ann. § 20-24-101 — AR Code / Title 20 / Chapter 24 / Section 20-24-101
Definitions
Status: in_force

As used in this chapter: (1) "Alteration" means any change made to an existing conveyance or to its hoistway, enclosure, or doors other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation. The changing of the speed governor shall be considered an alteration; (2) "Authorized representative" means the building department of cities, towns, or other governmental subdivisions designated by the Division of Occupational and Professional Licensing Boards and Commissions to enforce certain provisions of this chapter; (3) [Repealed.] (4) "Conveyance" means an elevator, dumbwaiter, escalator, moving sidewalk, automatic people mover, platform lift, or stairway chair lift; (5) [Repealed.] (6) [Repealed.] (7) "Dormant elevator, dumbwaiter, or escalator" means: (A) An elevator or dumbwaiter whose: (i) Cables have been removed; (ii) Car and counterweight rest at the bottom of the shaftway; and (iii) Shaftway doors are permanently boarded up or barricaded on the inside; or (B) An escalator whose main power feed lines have been disconnected; (8) "Dumbwaiter" means a hoisting and lowering mechanism, driven by mechanical power, equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. ft.), whose total compartment height does not exceed four feet (4'), the capacity of which does not exceed five hundred pounds (500 lbs.), and which is used exclusively for carrying freight; (9) (A) "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. (B) "Elevator" shall not include a conveyor, chain or bucket hoist, construction hoist, or similar devices used for the primary purpose of elevating or lowering materials, nor shall it include tiering, piling, feeding, or similar machines or devices giving service within only one (1) story. (C) "Power elevator" means those driven by the application of energy other than hand or gravity. (D) "Hand elevators" means those driven by manual power. (E) "Elevator" includes vertical wheelchair lifts, inclined wheelchair lifts, and inclined stairway chair lifts installed in any location, including a private, single-family dwelling for use by individuals with physical disabilities; (10) "Escalator" means a power-driven, inclined, continuous stairway or runway used for raising or lowering passengers; (11) "Freight elevator" means an elevator used for carrying freight and on which are permitted to ride only the operator and the persons necessary for loading and unloading and such other designated persons who may be authorized by the rules of the Elevator Safety Board; (12) "New installation", "new elevator", "dumbwaiter", "escalator", or "new conveyance" means a complete elevator, dumbwaiter, escalator, or other conveyance installation, the application for the permit for the installation or relocation of which is filed on or after the effective date of application of the rules adopted by the board as provided in § 20-24-106(a) -(c). All other elevators, dumbwaiters, escalators, or other conveyances shall be deemed to be existing installations; and (13) "Passenger elevator" means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading and such other designated persons who may be authorized by the rules of the board. Amended by Act 2019, No. 315,§ 2063, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 42, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 41, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5466, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5465, eff. 7/1/2019. Acts 1963, No. 189, § 1; 1977, No. 539, § 1; A.S.A. 1947, § 82-1801; Acts 1991, No. 1069, § 1; 1997, No. 208, § 21; 2005, No. 1813, § 1.

As used in this chapter:

(1) "Alteration" means any change made to an existing conveyance or to its hoistway, enclosure, or doors other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation. The changing of the speed governor shall be considered an alteration;

(2) "Authorized representative" means the building department of cities, towns, or other governmental subdivisions designated by the Division of Occupational and Professional Licensing Boards and Commissions to enforce certain provisions of this chapter;

(3) [Repealed.]

(4) "Conveyance" means an elevator, dumbwaiter, escalator, moving sidewalk, automatic people mover, platform lift, or stairway chair lift;

(5) [Repealed.]

(6) [Repealed.]

(7) "Dormant elevator, dumbwaiter, or escalator" means: (A) An elevator or dumbwaiter whose: (i) Cables have been removed; (ii) Car and counterweight rest at the bottom of the shaftway; and (iii) Shaftway doors are permanently boarded up or barricaded on the inside; or (B) An escalator whose main power feed lines have been disconnected;

(A) An elevator or dumbwaiter whose: (i) Cables have been removed; (ii) Car and counterweight rest at the bottom of the shaftway; and (iii) Shaftway doors are permanently boarded up or barricaded on the inside; or

(i) Cables have been removed;

(ii) Car and counterweight rest at the bottom of the shaftway; and

(iii) Shaftway doors are permanently boarded up or barricaded on the inside; or

(B) An escalator whose main power feed lines have been disconnected;

(8) "Dumbwaiter" means a hoisting and lowering mechanism, driven by mechanical power, equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. ft.), whose total compartment height does not exceed four feet (4'), the capacity of which does not exceed five hundred pounds (500 lbs.), and which is used exclusively for carrying freight;

(9) (A) "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. (B) "Elevator" shall not include a conveyor, chain or bucket hoist, construction hoist, or similar devices used for the primary purpose of elevating or lowering materials, nor shall it include tiering, piling, feeding, or similar machines or devices giving service within only one (1) story. (C) "Power elevator" means those driven by the application of energy other than hand or gravity. (D) "Hand elevators" means those driven by manual power. (E) "Elevator" includes vertical wheelchair lifts, inclined wheelchair lifts, and inclined stairway chair lifts installed in any location, including a private, single-family dwelling for use by individuals with physical disabilities;

(A) "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction.

(B) "Elevator" shall not include a conveyor, chain or bucket hoist, construction hoist, or similar devices used for the primary purpose of elevating or lowering materials, nor shall it include tiering, piling, feeding, or similar machines or devices giving service within only one (1) story.

(C) "Power elevator" means those driven by the application of energy other than hand or gravity.

(D) "Hand elevators" means those driven by manual power.

(E) "Elevator" includes vertical wheelchair lifts, inclined wheelchair lifts, and inclined stairway chair lifts installed in any location, including a private, single-family dwelling for use by individuals with physical disabilities;

(10) "Escalator" means a power-driven, inclined, continuous stairway or runway used for raising or lowering passengers;

(11) "Freight elevator" means an elevator used for carrying freight and on which are permitted to ride only the operator and the persons necessary for loading and unloading and such other designated persons who may be authorized by the rules of the Elevator Safety Board;

(12) "New installation", "new elevator", "dumbwaiter", "escalator", or "new conveyance" means a complete elevator, dumbwaiter, escalator, or other conveyance installation, the application for the permit for the installation or relocation of which is filed on or after the effective date of application of the rules adopted by the board as provided in § 20-24-106(a) -(c). All other elevators, dumbwaiters, escalators, or other conveyances shall be deemed to be existing installations; and

(13) "Passenger elevator" means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading and such other designated persons who may be authorized by the rules of the board.

Amended by Act 2019, No. 315,§ 2063, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 42, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 41, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5466, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5465, eff. 7/1/2019.

Acts 1963, No. 189, § 1; 1977, No. 539, § 1; A.S.A. 1947, § 82-1801; Acts 1991, No. 1069, § 1; 1997, No. 208, § 21; 2005, No. 1813, § 1.