Ark. Code Ann. § 20-76-443 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-443
Education and training
Status: in_force

(a) (1) The Department of Human Services shall permit Transitional Employment Assistance Program recipients to obtain the education and training they need to obtain jobs that pay wages allowing them to be economically self-sufficient. (2) Program recipients who are assessed as having basic education deficiencies shall be allowed to combine educational activities leading to a high school diploma or high school equivalency diploma approved by the Adult Education Section and employment and work experience. Participants may be required to engage in internships, work experience, or employment. Work requirements shall not exceed fifteen (15) hours per week unless the department certifies that allowing education to count toward Transitional Employment Assistance Program recipients' required work activities would affect the state's ability to meet federal work participation rates. To the extent possible, educational activities shall take place in a work context. (3) (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in vocational education courses designed to prepare them for jobs in high-growth, high-wage occupations. (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity. (C) (i) If a recipient's coursework, including study time, does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates. (D) (i) The department may suspend the allowance to enroll only if the Arkansas Workforce Development Board certifies that allowing education to count toward a Transitional Employment Assistance Program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates. (4) (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in postsecondary courses leading to a two-year or four-year degree or a five-year teaching degree. (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity. (C) (i) If a recipient's coursework does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates. (D) (i) The department may suspend the allowance to enroll only if the board certifies that allowing education to count toward a program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates. (5) Participants under each of these options shall be provided the supportive services they need to attend classes and other educational activities, including, at least, child care and transportation. (b) Transitional Employment Assistance Program recipients shall be assigned to work activities that prepare them for long-term economic self-sufficiency, including basic, vocational, and postsecondary education when appropriate. (c) Participation in combined work and education activities shall be deemed to meet Transitional Employment Assistance Program recipients' work activity requirements. The department may require additional or fewer hours of federally defined work activities if it certifies that the state may not meet federal work participation rates after taking into account the caseload reduction credit because recipients enrolled in educational courses are not required to engage in federally defined work activities for the minimum number of hours. (d) (1) For a qualified Transitional Employment Assistance Program recipient enrolled in a two-year college, the education program created in this section shall pay for child care for the recipient's children for both day and evening classes. (2) The Department of Human Services and the Arkansas Early Childhood Commission jointly shall promulgate rules to develop an evening childcare program with extended hours under subdivision (d)(1) of this section. Amended by Act 2023, No. 832,§ 16, eff. 7/1/2023. Amended by Act 2023, No. 832,§ 15, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 531, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 530, eff. 7/1/2019. Amended by Act 2015, No. 1115,§ 28, eff. 7/22/2015. Amended by Act 2013, No. 1132,§ 46, eff. 8/16/2013. Acts 1999, No. 1567, § 22; 2003, No. 1306, § 6; 2005, No. 1705, § 18; 2007, No. 514, §§ 19, 20; 2009, No. 1485, § 1.

(a) (1) The Department of Human Services shall permit Transitional Employment Assistance Program recipients to obtain the education and training they need to obtain jobs that pay wages allowing them to be economically self-sufficient. (2) Program recipients who are assessed as having basic education deficiencies shall be allowed to combine educational activities leading to a high school diploma or high school equivalency diploma approved by the Adult Education Section and employment and work experience. Participants may be required to engage in internships, work experience, or employment. Work requirements shall not exceed fifteen (15) hours per week unless the department certifies that allowing education to count toward Transitional Employment Assistance Program recipients' required work activities would affect the state's ability to meet federal work participation rates. To the extent possible, educational activities shall take place in a work context. (3) (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in vocational education courses designed to prepare them for jobs in high-growth, high-wage occupations. (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity. (C) (i) If a recipient's coursework, including study time, does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates. (D) (i) The department may suspend the allowance to enroll only if the Arkansas Workforce Development Board certifies that allowing education to count toward a Transitional Employment Assistance Program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates. (4) (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in postsecondary courses leading to a two-year or four-year degree or a five-year teaching degree. (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity. (C) (i) If a recipient's coursework does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates. (D) (i) The department may suspend the allowance to enroll only if the board certifies that allowing education to count toward a program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates. (5) Participants under each of these options shall be provided the supportive services they need to attend classes and other educational activities, including, at least, child care and transportation.

(1) The Department of Human Services shall permit Transitional Employment Assistance Program recipients to obtain the education and training they need to obtain jobs that pay wages allowing them to be economically self-sufficient.

(2) Program recipients who are assessed as having basic education deficiencies shall be allowed to combine educational activities leading to a high school diploma or high school equivalency diploma approved by the Adult Education Section and employment and work experience. Participants may be required to engage in internships, work experience, or employment. Work requirements shall not exceed fifteen (15) hours per week unless the department certifies that allowing education to count toward Transitional Employment Assistance Program recipients' required work activities would affect the state's ability to meet federal work participation rates. To the extent possible, educational activities shall take place in a work context.

(3) (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in vocational education courses designed to prepare them for jobs in high-growth, high-wage occupations. (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity. (C) (i) If a recipient's coursework, including study time, does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates. (D) (i) The department may suspend the allowance to enroll only if the Arkansas Workforce Development Board certifies that allowing education to count toward a Transitional Employment Assistance Program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.

(A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in vocational education courses designed to prepare them for jobs in high-growth, high-wage occupations.

(B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity.

(C) (i) If a recipient's coursework, including study time, does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates.

(i) If a recipient's coursework, including study time, does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study.

(ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates.

(D) (i) The department may suspend the allowance to enroll only if the Arkansas Workforce Development Board certifies that allowing education to count toward a Transitional Employment Assistance Program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.

(i) The department may suspend the allowance to enroll only if the Arkansas Workforce Development Board certifies that allowing education to count toward a Transitional Employment Assistance Program recipient's required work activities would affect the state's ability to meet federal work participation rates.

(ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.

(4) (A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in postsecondary courses leading to a two-year or four-year degree or a five-year teaching degree. (B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity. (C) (i) If a recipient's coursework does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates. (D) (i) The department may suspend the allowance to enroll only if the board certifies that allowing education to count toward a program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.

(A) Qualified Transitional Employment Assistance Program recipients shall be allowed to enroll in postsecondary courses leading to a two-year or four-year degree or a five-year teaching degree.

(B) As long as the recipient's coursework, including study time, exceeds the minimum number of work activity hours required to count toward federal work participation rates, this activity alone shall satisfy the recipient's required work activity.

(C) (i) If a recipient's coursework does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study. (ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates.

(i) If a recipient's coursework does not exceed the minimum number of work activity hours required to count toward federal work participation rates, the recipient may be required to engage in internships or work experience related to the course of study.

(ii) However, the combination of work activities and the recipient's coursework shall not exceed the minimum number of work activity hours required to count toward federal work participation rates.

(D) (i) The department may suspend the allowance to enroll only if the board certifies that allowing education to count toward a program recipient's required work activities would affect the state's ability to meet federal work participation rates. (ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.

(i) The department may suspend the allowance to enroll only if the board certifies that allowing education to count toward a program recipient's required work activities would affect the state's ability to meet federal work participation rates.

(ii) Upon certification, the department may require all recipients to engage in work activities for the number of hours required to count toward the federal work participation rates.

(5) Participants under each of these options shall be provided the supportive services they need to attend classes and other educational activities, including, at least, child care and transportation.

(b) Transitional Employment Assistance Program recipients shall be assigned to work activities that prepare them for long-term economic self-sufficiency, including basic, vocational, and postsecondary education when appropriate.

(c) Participation in combined work and education activities shall be deemed to meet Transitional Employment Assistance Program recipients' work activity requirements. The department may require additional or fewer hours of federally defined work activities if it certifies that the state may not meet federal work participation rates after taking into account the caseload reduction credit because recipients enrolled in educational courses are not required to engage in federally defined work activities for the minimum number of hours.

(d) (1) For a qualified Transitional Employment Assistance Program recipient enrolled in a two-year college, the education program created in this section shall pay for child care for the recipient's children for both day and evening classes. (2) The Department of Human Services and the Arkansas Early Childhood Commission jointly shall promulgate rules to develop an evening childcare program with extended hours under subdivision (d)(1) of this section.

(1) For a qualified Transitional Employment Assistance Program recipient enrolled in a two-year college, the education program created in this section shall pay for child care for the recipient's children for both day and evening classes.

(2) The Department of Human Services and the Arkansas Early Childhood Commission jointly shall promulgate rules to develop an evening childcare program with extended hours under subdivision (d)(1) of this section.

Amended by Act 2023, No. 832,§ 16, eff. 7/1/2023.

Amended by Act 2023, No. 832,§ 15, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 531, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 530, eff. 7/1/2019.

Amended by Act 2015, No. 1115,§ 28, eff. 7/22/2015.

Amended by Act 2013, No. 1132,§ 46, eff. 8/16/2013.

Acts 1999, No. 1567, § 22; 2003, No. 1306, § 6; 2005, No. 1705, § 18; 2007, No. 514, §§ 19, 20; 2009, No. 1485, § 1.
Ark. Code Ann. § 20-17-1213 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1213
Delivery of document of gift not required - Right to examine
Status: in_force

(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under § 20-17-1211 . Acts 2007, No. 839, § 1.

(a) A document of gift need not be delivered during the donor's lifetime to be effective.

(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under § 20-17-1211 .

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-13-809 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-809
Grants for emergency medical system care providers or ambulance providers
Status: in_force

An emergency medical system care provider or ambulance provider may be eligible for: (1) The emergency medical system care provider education start-up grants that are used to support trauma education and trauma readiness; or (2) The emergency medical system care provider sustaining grants that are used to support ongoing trauma education and trauma readiness. Acts 2009, No. 393, § 1.

An emergency medical system care provider or ambulance provider may be eligible for:

(1) The emergency medical system care provider education start-up grants that are used to support trauma education and trauma readiness; or

(2) The emergency medical system care provider sustaining grants that are used to support ongoing trauma education and trauma readiness.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-17-1028 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1028
Contracts with municipality or county where a cemetery is located
Status: in_force

(a) (1) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may contract with the municipality or county where a cemetery is located for the care and maintenance and the operation of the cemetery. (2) Services relating to the care and maintenance and the operation of the cemetery include without limitation: (A) The sale and conveyance of lots; (B) The opening and closing of graves; (C) The preparation of financial reports and legal documents; (D) The maintenance of driveways; (E) The removal of trash and debris; (F) The cutting of grass; (G) The planting and care of trees, shrubs, and flowers; and (H) The necessary improvements to streets, avenues, walks, or other public grounds of the cemetery. (3) The municipal or county government may subcontract with qualified persons to provide services under this section. (b) (1) If the board contracts with a municipality or county under this section, the municipality or county, in addition to complying with any applicable statute, shall file with the board in March of each year a financial report showing all moneys received and expended during the preceding year, including without limitation: (A) The date of receipt of all moneys; (B) The source from which the moneys were received; (C) All moneys paid out; (D) The date the moneys were paid out; (E) The person to whom the moneys were paid out; and (F) The purpose of the payment. (2) At the end of each calendar year, the municipality or county shall review the fiscal position of the cemetery and direct any excess moneys to the permanent maintenance fund. (c) For the purposes of this section, a municipality or county may accept funds from public and private entities and direct the funds to: (1) General maintenance and improvement; or (2) The permanent maintenance fund. (d) The state, a city, or a county shall be immune from liability in contract or in tort for actions taken to implement this section. Amended by Act 2017, No. 788,§ 59, eff. 7/1/2018. Acts 2007, No. 430, § 3.

(a) (1) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may contract with the municipality or county where a cemetery is located for the care and maintenance and the operation of the cemetery. (2) Services relating to the care and maintenance and the operation of the cemetery include without limitation: (A) The sale and conveyance of lots; (B) The opening and closing of graves; (C) The preparation of financial reports and legal documents; (D) The maintenance of driveways; (E) The removal of trash and debris; (F) The cutting of grass; (G) The planting and care of trees, shrubs, and flowers; and (H) The necessary improvements to streets, avenues, walks, or other public grounds of the cemetery. (3) The municipal or county government may subcontract with qualified persons to provide services under this section.

(1) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may contract with the municipality or county where a cemetery is located for the care and maintenance and the operation of the cemetery.

(2) Services relating to the care and maintenance and the operation of the cemetery include without limitation: (A) The sale and conveyance of lots; (B) The opening and closing of graves; (C) The preparation of financial reports and legal documents; (D) The maintenance of driveways; (E) The removal of trash and debris; (F) The cutting of grass; (G) The planting and care of trees, shrubs, and flowers; and (H) The necessary improvements to streets, avenues, walks, or other public grounds of the cemetery.

(A) The sale and conveyance of lots;

(B) The opening and closing of graves;

(C) The preparation of financial reports and legal documents;

(D) The maintenance of driveways;

(E) The removal of trash and debris;

(F) The cutting of grass;

(G) The planting and care of trees, shrubs, and flowers; and

(H) The necessary improvements to streets, avenues, walks, or other public grounds of the cemetery.

(3) The municipal or county government may subcontract with qualified persons to provide services under this section.

(b) (1) If the board contracts with a municipality or county under this section, the municipality or county, in addition to complying with any applicable statute, shall file with the board in March of each year a financial report showing all moneys received and expended during the preceding year, including without limitation: (A) The date of receipt of all moneys; (B) The source from which the moneys were received; (C) All moneys paid out; (D) The date the moneys were paid out; (E) The person to whom the moneys were paid out; and (F) The purpose of the payment. (2) At the end of each calendar year, the municipality or county shall review the fiscal position of the cemetery and direct any excess moneys to the permanent maintenance fund.

(1) If the board contracts with a municipality or county under this section, the municipality or county, in addition to complying with any applicable statute, shall file with the board in March of each year a financial report showing all moneys received and expended during the preceding year, including without limitation: (A) The date of receipt of all moneys; (B) The source from which the moneys were received; (C) All moneys paid out; (D) The date the moneys were paid out; (E) The person to whom the moneys were paid out; and (F) The purpose of the payment.

(A) The date of receipt of all moneys;

(B) The source from which the moneys were received;

(C) All moneys paid out;

(D) The date the moneys were paid out;

(E) The person to whom the moneys were paid out; and

(F) The purpose of the payment.

(2) At the end of each calendar year, the municipality or county shall review the fiscal position of the cemetery and direct any excess moneys to the permanent maintenance fund.

(c) For the purposes of this section, a municipality or county may accept funds from public and private entities and direct the funds to: (1) General maintenance and improvement; or (2) The permanent maintenance fund.

(1) General maintenance and improvement; or

(2) The permanent maintenance fund.

(d) The state, a city, or a county shall be immune from liability in contract or in tort for actions taken to implement this section.

Amended by Act 2017, No. 788,§ 59, eff. 7/1/2018.

Acts 2007, No. 430, § 3.
Ark. Code Ann. § 20-19-406 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-406
Vaccination
Status: in_force

(a) Wolves and wolf-dog hybrids are required to be vaccinated against rabies by a licensed veterinarian with a vaccine approved for dog use, and a rabies certificate may be issued. (b) Veterinarians shall inform the owner of the wolf or wolf-dog hybrid, preferably in writing, that the vaccination is considered "off label" and that protection against rabies is not guaranteed. (c) If a wolf or wolf-dog hybrid bites a person, the following criteria shall be used by an official of the Department of Health in dealing with the animal: (1) The decision shall consider, at least: (A) The epidemiology and risk of rabies in the species of animal in question; (B) Possible prior exposure to a rabies vector; (C) Behavior of the animal at the time of the bite; (D) Prior rabies vaccinations; and (E) Other circumstances that may exist; (2) In some situations, the department shall consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks; (3) Upon written order by the Secretary of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and (4) The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing. (d) Owners shall be notified and given three (3) business days to provide proof to the department in their animal's defense before the animal can be euthanized. (e) If in the future the United States Department of Agriculture approves the use of rabies vaccines in wolves or wolf-dog hybrids, or both, then wolves and wolf-dog hybrids will fall under the same rules as dogs regarding biting humans and rabies control. Amended by Act 2019, No. 315,§ 1980, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5016, eff. 7/1/2019. Acts 2001, No. 1768, § 6.

(a) Wolves and wolf-dog hybrids are required to be vaccinated against rabies by a licensed veterinarian with a vaccine approved for dog use, and a rabies certificate may be issued.

(b) Veterinarians shall inform the owner of the wolf or wolf-dog hybrid, preferably in writing, that the vaccination is considered "off label" and that protection against rabies is not guaranteed.

(c) If a wolf or wolf-dog hybrid bites a person, the following criteria shall be used by an official of the Department of Health in dealing with the animal: (1) The decision shall consider, at least: (A) The epidemiology and risk of rabies in the species of animal in question; (B) Possible prior exposure to a rabies vector; (C) Behavior of the animal at the time of the bite; (D) Prior rabies vaccinations; and (E) Other circumstances that may exist; (2) In some situations, the department shall consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks; (3) Upon written order by the Secretary of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and (4) The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing.

(1) The decision shall consider, at least: (A) The epidemiology and risk of rabies in the species of animal in question; (B) Possible prior exposure to a rabies vector; (C) Behavior of the animal at the time of the bite; (D) Prior rabies vaccinations; and (E) Other circumstances that may exist;

(A) The epidemiology and risk of rabies in the species of animal in question;

(B) Possible prior exposure to a rabies vector;

(C) Behavior of the animal at the time of the bite;

(D) Prior rabies vaccinations; and

(E) Other circumstances that may exist;

(2) In some situations, the department shall consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks;

(3) Upon written order by the Secretary of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and

(4) The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing.

(d) Owners shall be notified and given three (3) business days to provide proof to the department in their animal's defense before the animal can be euthanized.

(e) If in the future the United States Department of Agriculture approves the use of rabies vaccines in wolves or wolf-dog hybrids, or both, then wolves and wolf-dog hybrids will fall under the same rules as dogs regarding biting humans and rabies control.

Amended by Act 2019, No. 315,§ 1980, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5016, eff. 7/1/2019.

Acts 2001, No. 1768, § 6.
Ark. Code Ann. § 20-38-102 — AR Code / Title 20 / Chapter 38 / Section 20-38-102
Criminal history records checks - Operators
Status: in_force

(a) (1) (A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprints to the Identification Bureau of the Division of Arkansas State Police and request a state criminal history records check and a national criminal history records check on the operator. (B) The operator shall attach evidence of the request for a criminal history records check to the application for the service provider's license, exemption from licensure, certificate, or other operating authority. (2) (A) The bureau shall conduct a state criminal records history check and request a national criminal history records check on the operator. (B) Upon completion of each criminal history records check, the bureau shall issue a report to the licensing or certifying agency. (C) The licensing or certifying agency shall share the information obtained from the criminal history records check and the national criminal history records check only with employees of the Department of Human Services or the Department of Education who have an official business reason to see the information. (3) Based on the criminal history records checks, the licensing or certifying agency shall determine whether the operator is or is not disqualified from licensure, exemption from licensure, certification, or other operating authority. (4) The licensing or certifying agency shall forward its determination to the operator and the service provider seeking licensure, exemption from licensure, certification, or other operating authority. (b) Operators are required to undergo periodic criminal history records checks no less than one (1) time every five (5) years. Amended by Act 2023, No. 237,§ 64, eff. 7/1/2023. Amended by Act 2015, No. 861,§ 5, eff. 3/31/2015. Acts 2009, No. 762, § 4.

(a) (1) (A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprints to the Identification Bureau of the Division of Arkansas State Police and request a state criminal history records check and a national criminal history records check on the operator. (B) The operator shall attach evidence of the request for a criminal history records check to the application for the service provider's license, exemption from licensure, certificate, or other operating authority. (2) (A) The bureau shall conduct a state criminal records history check and request a national criminal history records check on the operator. (B) Upon completion of each criminal history records check, the bureau shall issue a report to the licensing or certifying agency. (C) The licensing or certifying agency shall share the information obtained from the criminal history records check and the national criminal history records check only with employees of the Department of Human Services or the Department of Education who have an official business reason to see the information. (3) Based on the criminal history records checks, the licensing or certifying agency shall determine whether the operator is or is not disqualified from licensure, exemption from licensure, certification, or other operating authority. (4) The licensing or certifying agency shall forward its determination to the operator and the service provider seeking licensure, exemption from licensure, certification, or other operating authority.

(1) (A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprints to the Identification Bureau of the Division of Arkansas State Police and request a state criminal history records check and a national criminal history records check on the operator. (B) The operator shall attach evidence of the request for a criminal history records check to the application for the service provider's license, exemption from licensure, certificate, or other operating authority.

(A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprints to the Identification Bureau of the Division of Arkansas State Police and request a state criminal history records check and a national criminal history records check on the operator.

(B) The operator shall attach evidence of the request for a criminal history records check to the application for the service provider's license, exemption from licensure, certificate, or other operating authority.

(2) (A) The bureau shall conduct a state criminal records history check and request a national criminal history records check on the operator. (B) Upon completion of each criminal history records check, the bureau shall issue a report to the licensing or certifying agency. (C) The licensing or certifying agency shall share the information obtained from the criminal history records check and the national criminal history records check only with employees of the Department of Human Services or the Department of Education who have an official business reason to see the information.

(A) The bureau shall conduct a state criminal records history check and request a national criminal history records check on the operator.

(B) Upon completion of each criminal history records check, the bureau shall issue a report to the licensing or certifying agency.

(C) The licensing or certifying agency shall share the information obtained from the criminal history records check and the national criminal history records check only with employees of the Department of Human Services or the Department of Education who have an official business reason to see the information.

(3) Based on the criminal history records checks, the licensing or certifying agency shall determine whether the operator is or is not disqualified from licensure, exemption from licensure, certification, or other operating authority.

(4) The licensing or certifying agency shall forward its determination to the operator and the service provider seeking licensure, exemption from licensure, certification, or other operating authority.

(b) Operators are required to undergo periodic criminal history records checks no less than one (1) time every five (5) years.

Amended by Act 2023, No. 237,§ 64, eff. 7/1/2023.

Amended by Act 2015, No. 861,§ 5, eff. 3/31/2015.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-14-803 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-803
Penalties
Status: in_force

(a) (1) A person who is not licensed under this subchapter and who pleads guilty or nolo contendere to or is found guilty of holding himself or herself out to the public as a licensed qualified interpreter is guilty of a violation and shall be fined not less than one hundred dollars ($100) and not more than five hundred dollars ($500). (2) If a person who pleads guilty or nolo contendere to or is found guilty of a violation under subdivision (a)(1) of this section complies with this subchapter within thirty (30) days after pleading guilty or nolo contendere to or being found guilty of a violation under subdivision (a)(1) of this section, the court shall suspend the fine under subdivision (a)(1) of this section. (b) An interpreting agency that pleads guilty or nolo contendere to or is found guilty of knowingly hiring or providing interpreting services for an individual who is deaf, deafblind, hard of hearing, or oral deaf through an individual not licensed under this subchapter is guilty of a violation and shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.

(a) (1) A person who is not licensed under this subchapter and who pleads guilty or nolo contendere to or is found guilty of holding himself or herself out to the public as a licensed qualified interpreter is guilty of a violation and shall be fined not less than one hundred dollars ($100) and not more than five hundred dollars ($500). (2) If a person who pleads guilty or nolo contendere to or is found guilty of a violation under subdivision (a)(1) of this section complies with this subchapter within thirty (30) days after pleading guilty or nolo contendere to or being found guilty of a violation under subdivision (a)(1) of this section, the court shall suspend the fine under subdivision (a)(1) of this section.

(1) A person who is not licensed under this subchapter and who pleads guilty or nolo contendere to or is found guilty of holding himself or herself out to the public as a licensed qualified interpreter is guilty of a violation and shall be fined not less than one hundred dollars ($100) and not more than five hundred dollars ($500).

(2) If a person who pleads guilty or nolo contendere to or is found guilty of a violation under subdivision (a)(1) of this section complies with this subchapter within thirty (30) days after pleading guilty or nolo contendere to or being found guilty of a violation under subdivision (a)(1) of this section, the court shall suspend the fine under subdivision (a)(1) of this section.

(b) An interpreting agency that pleads guilty or nolo contendere to or is found guilty of knowingly hiring or providing interpreting services for an individual who is deaf, deafblind, hard of hearing, or oral deaf through an individual not licensed under this subchapter is guilty of a violation and shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-8-106 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-106
Health Services Program - Permits generally
Status: in_force

(a) (1) A permit of approval shall not be required by the Health Services Permit Agency or the Health Services Permit Commission for any applicant to qualify for a Class B license, as provided in § 20-10-801 et seq., to operate a home healthcare services agency, if the home healthcare services agency was serving patients on or before June 30, 1988, and if the home healthcare services agency serves the residents of the county where the principal office is located. (2) Nursing home applications under review by the Health Services Permit Agency on June 2, 1987, are considered under the provisions of this subchapter under updated standards on a county-by-county basis. (3) (A) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications for permits of approval for the construction of new residential care facilities. (B) Applications for replacement of residential care facilities may not be accepted and processed after July 1, 2005. (C) However, applications for replacement of residential care facilities shall be accepted for residential care facilities of sixteen (16) beds or fewer but only if the number of beds required for replacement is less than or equal to the number of beds for which the residential care facility was licensed before the application for replacement. (b) (1) (A) The alteration or renovation of a health facility having an associated capital expenditure of less than one million dollars ($1,000,000) for nursing homes and not resulting in additional bed capacity shall not require a permit of approval. (B) However, the Health Services Permit Agency shall not allow hospital acute care beds to be converted to or allow their license classification to be changed to long-term care beds without going through the permit-of-approval process. (2) Permits, legal title, and right of ownership may be transferred with the approval of the commission if the entity presently holding the permit, legal title, or right of ownership has tangible assets of at least two thousand five hundred dollars ($2,500) that will be transferred with the permit, legal title, or right of ownership. (3) The application for the permit of approval shall include, but need not be limited to, such information as is necessary to determine: (A) Whether the proposed project is needed or projected as being necessary to meet the needs of the locale or area in terms of the health care required for the population or geographic region; (B) Whether the proposed project can be adequately staffed and operated when completed; (C) Whether the proposed project is economically feasible; and (D) Whether the project will foster cost containment through improved efficiency and productivity. (c) If the application is granted, the Health Services Permit Agency shall issue a permit of approval, if it finds that the proposed project meets the criteria for approval as set by the commission. If the application is denied, the Health Services Permit Agency shall send written notice of the denial to the applicant which sets forth the criteria that the proposed project failed to meet. (d) Any applicant or interested party seeking review of a final Health Services Permit Agency decision regarding permits of approval, movement of beds, or transfer of permits of approval shall file a written appeal for hearing before the commission on an approved form within thirty (30) days of the receipt of the Health Services Permit Agency decision. (e) Appeals to the commission shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2013, No. 1132,§ 2, eff. 8/16/2013. Acts 1987, No. 593, § 6; 1987 (1st Ex. Sess.), No. 40, § 6; 1989, No. 422, § 6; 1989, No. 533, § 1; 2001, No. 1800, § 11; 2005, No. 1669, § 1; 2009, No. 649, § 1.

(a) (1) A permit of approval shall not be required by the Health Services Permit Agency or the Health Services Permit Commission for any applicant to qualify for a Class B license, as provided in § 20-10-801 et seq., to operate a home healthcare services agency, if the home healthcare services agency was serving patients on or before June 30, 1988, and if the home healthcare services agency serves the residents of the county where the principal office is located. (2) Nursing home applications under review by the Health Services Permit Agency on June 2, 1987, are considered under the provisions of this subchapter under updated standards on a county-by-county basis. (3) (A) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications for permits of approval for the construction of new residential care facilities. (B) Applications for replacement of residential care facilities may not be accepted and processed after July 1, 2005. (C) However, applications for replacement of residential care facilities shall be accepted for residential care facilities of sixteen (16) beds or fewer but only if the number of beds required for replacement is less than or equal to the number of beds for which the residential care facility was licensed before the application for replacement.

(1) A permit of approval shall not be required by the Health Services Permit Agency or the Health Services Permit Commission for any applicant to qualify for a Class B license, as provided in § 20-10-801 et seq., to operate a home healthcare services agency, if the home healthcare services agency was serving patients on or before June 30, 1988, and if the home healthcare services agency serves the residents of the county where the principal office is located.

(2) Nursing home applications under review by the Health Services Permit Agency on June 2, 1987, are considered under the provisions of this subchapter under updated standards on a county-by-county basis.

(3) (A) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications for permits of approval for the construction of new residential care facilities. (B) Applications for replacement of residential care facilities may not be accepted and processed after July 1, 2005. (C) However, applications for replacement of residential care facilities shall be accepted for residential care facilities of sixteen (16) beds or fewer but only if the number of beds required for replacement is less than or equal to the number of beds for which the residential care facility was licensed before the application for replacement.

(A) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications for permits of approval for the construction of new residential care facilities.

(B) Applications for replacement of residential care facilities may not be accepted and processed after July 1, 2005.

(C) However, applications for replacement of residential care facilities shall be accepted for residential care facilities of sixteen (16) beds or fewer but only if the number of beds required for replacement is less than or equal to the number of beds for which the residential care facility was licensed before the application for replacement.

(b) (1) (A) The alteration or renovation of a health facility having an associated capital expenditure of less than one million dollars ($1,000,000) for nursing homes and not resulting in additional bed capacity shall not require a permit of approval. (B) However, the Health Services Permit Agency shall not allow hospital acute care beds to be converted to or allow their license classification to be changed to long-term care beds without going through the permit-of-approval process. (2) Permits, legal title, and right of ownership may be transferred with the approval of the commission if the entity presently holding the permit, legal title, or right of ownership has tangible assets of at least two thousand five hundred dollars ($2,500) that will be transferred with the permit, legal title, or right of ownership. (3) The application for the permit of approval shall include, but need not be limited to, such information as is necessary to determine: (A) Whether the proposed project is needed or projected as being necessary to meet the needs of the locale or area in terms of the health care required for the population or geographic region; (B) Whether the proposed project can be adequately staffed and operated when completed; (C) Whether the proposed project is economically feasible; and (D) Whether the project will foster cost containment through improved efficiency and productivity.

(1) (A) The alteration or renovation of a health facility having an associated capital expenditure of less than one million dollars ($1,000,000) for nursing homes and not resulting in additional bed capacity shall not require a permit of approval. (B) However, the Health Services Permit Agency shall not allow hospital acute care beds to be converted to or allow their license classification to be changed to long-term care beds without going through the permit-of-approval process.

(A) The alteration or renovation of a health facility having an associated capital expenditure of less than one million dollars ($1,000,000) for nursing homes and not resulting in additional bed capacity shall not require a permit of approval.

(B) However, the Health Services Permit Agency shall not allow hospital acute care beds to be converted to or allow their license classification to be changed to long-term care beds without going through the permit-of-approval process.

(2) Permits, legal title, and right of ownership may be transferred with the approval of the commission if the entity presently holding the permit, legal title, or right of ownership has tangible assets of at least two thousand five hundred dollars ($2,500) that will be transferred with the permit, legal title, or right of ownership.

(3) The application for the permit of approval shall include, but need not be limited to, such information as is necessary to determine: (A) Whether the proposed project is needed or projected as being necessary to meet the needs of the locale or area in terms of the health care required for the population or geographic region; (B) Whether the proposed project can be adequately staffed and operated when completed; (C) Whether the proposed project is economically feasible; and (D) Whether the project will foster cost containment through improved efficiency and productivity.

(A) Whether the proposed project is needed or projected as being necessary to meet the needs of the locale or area in terms of the health care required for the population or geographic region;

(B) Whether the proposed project can be adequately staffed and operated when completed;

(C) Whether the proposed project is economically feasible; and

(D) Whether the project will foster cost containment through improved efficiency and productivity.

(c) If the application is granted, the Health Services Permit Agency shall issue a permit of approval, if it finds that the proposed project meets the criteria for approval as set by the commission. If the application is denied, the Health Services Permit Agency shall send written notice of the denial to the applicant which sets forth the criteria that the proposed project failed to meet.

(d) Any applicant or interested party seeking review of a final Health Services Permit Agency decision regarding permits of approval, movement of beds, or transfer of permits of approval shall file a written appeal for hearing before the commission on an approved form within thirty (30) days of the receipt of the Health Services Permit Agency decision.

(e) Appeals to the commission shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2013, No. 1132,§ 2, eff. 8/16/2013.

Acts 1987, No. 593, § 6; 1987 (1st Ex. Sess.), No. 40, § 6; 1989, No. 422, § 6; 1989, No. 533, § 1; 2001, No. 1800, § 11; 2005, No. 1669, § 1; 2009, No. 649, § 1.
Ark. Code Ann. § 20-16-1704 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1704
Publication of materials
Status: in_force

(a) (1) The Department of Health shall: (A) Publish easily comprehensible printed materials and an informational DVD in English and Spanish within ninety (90) days after July 22, 2015; (B) Develop and maintain a secure internet website, which may be part of an existing website, to provide the information required under this subchapter; and (C) Monitor the website on a weekly basis to prevent and correct tampering. (2) The department shall not collect or maintain information regarding persons using the website. (b) The department shall review and update annually, if necessary, the following printed materials and informational DVD, which shall be easily comprehensible: (1) (A) Geographically indexed materials that inform a pregnant woman seeking an abortion of public and private agencies and services available to assist her through pregnancy, upon childbirth, and while her child is dependent, including without limitation adoption agencies. (B) The materials shall: (i) Include: (a) A comprehensive list of the public and private agencies and services, a description of the services they offer, and the telephone numbers and addresses of the agencies; and (b) The following statement: "There are many public and private agencies willing and able to help you to carry your child to term and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Arkansas strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion."; (ii) Inform the pregnant woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care; (iii) Contain a toll-free, twenty-four-hour telephone number that may be called to obtain information about the agencies in the geographic area of the caller and of the services offered; and (iv) State that: (a) It is unlawful for any individual to coerce a woman to undergo an abortion; (b) If a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to undergo an abortion, the minor shall be deemed emancipated for the purposes of eligibility for public assistance benefits, except that benefits may not be used to obtain an abortion; (c) A physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action; and (d) The law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care. (C) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any public or private agency or service described in this section; (2) (A) Materials that include information on the support obligations of a father of a child who is born alive, including without limitation the father's legal duty to support the child, including child support payments and health insurance, and the fact that paternity may be established by the father's signature on a birth certificate, by a statement of paternity, or by court action. (B) The materials shall state that more information concerning establishment of paternity and child support services and enforcement may be obtained by calling state or county public assistance agencies; (3) (A) Materials that describe the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including color photographs of the unborn child at two-week gestational increments. (B) The materials and descriptions shall: (i) (a) Include information about brain and heart functions, the presence of external features and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival. (b) If a photograph is not available, a picture shall contain the dimensions of the unborn child and shall be realistic; and (ii) Be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages; (4) Materials that contain objective information describing the various surgical and drug-induced methods of abortion, as well as the immediate and long-term medical risks commonly associated with each abortion method, including without limitation the risks of: (A) Cervical or uterine perforation or rupture; (B) Danger to subsequent pregnancies; (C) Hemorrhage; (D) Infection; (E) Medical risks associated with carrying a child to term following an abortion; and (F) Possible adverse psychological effects associated with an abortion; (5) A uniform resource locator for the state website where the materials required under this section can be found; (6) (A) Materials that include information on the potential ability of a qualified person to reverse the effects of abortion-inducing drugs, such as mifepristone, Mifeprex, and misoprostol, including without limitation information directing a woman to obtain further information at appropriate websites and by contacting appropriate agencies for assistance in locating a healthcare professional to aid in the reversal of an abortion. (B) The materials shall include a notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet." (C) The notice shall also include directions to access the department website and other appropriate telephone and internet resources; and (7) A checklist certification form to be used by the physician or a qualified person assisting the physician that lists the items of information to be given to the woman by a physician or the agent under this subchapter. (c) The materials shall be printed in a typeface large enough to be clearly legible. (d) (1) The department shall produce a standard format DVD that may be used statewide presenting the information required under this section. (2) In preparing the DVD, the department may summarize and make reference to the comprehensive printed list of geographically indexed names and services described in this section. (3) (A) The DVD shall show, in addition to the information described in this section, an ultrasound of the heartbeat of an unborn child at four to five (4-5) weeks' gestational age, at six to eight (6-8) weeks' gestational age, and each month thereafter, until viability. (B) The information in the DVD shall be presented in an objective, unbiased manner designed to convey only accurate scientific information. (e) The materials and the DVD required under this section shall be available at no cost from the department upon request and in appropriate number to any person, facility, or hospital. Amended by Act 2019, No. 522,§ 2, eff. 7/24/2019. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

(a) (1) The Department of Health shall: (A) Publish easily comprehensible printed materials and an informational DVD in English and Spanish within ninety (90) days after July 22, 2015; (B) Develop and maintain a secure internet website, which may be part of an existing website, to provide the information required under this subchapter; and (C) Monitor the website on a weekly basis to prevent and correct tampering. (2) The department shall not collect or maintain information regarding persons using the website.

(1) The Department of Health shall: (A) Publish easily comprehensible printed materials and an informational DVD in English and Spanish within ninety (90) days after July 22, 2015; (B) Develop and maintain a secure internet website, which may be part of an existing website, to provide the information required under this subchapter; and (C) Monitor the website on a weekly basis to prevent and correct tampering.

(A) Publish easily comprehensible printed materials and an informational DVD in English and Spanish within ninety (90) days after July 22, 2015;

(B) Develop and maintain a secure internet website, which may be part of an existing website, to provide the information required under this subchapter; and

(C) Monitor the website on a weekly basis to prevent and correct tampering.

(2) The department shall not collect or maintain information regarding persons using the website.

(b) The department shall review and update annually, if necessary, the following printed materials and informational DVD, which shall be easily comprehensible: (1) (A) Geographically indexed materials that inform a pregnant woman seeking an abortion of public and private agencies and services available to assist her through pregnancy, upon childbirth, and while her child is dependent, including without limitation adoption agencies. (B) The materials shall: (i) Include: (a) A comprehensive list of the public and private agencies and services, a description of the services they offer, and the telephone numbers and addresses of the agencies; and (b) The following statement: "There are many public and private agencies willing and able to help you to carry your child to term and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Arkansas strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion."; (ii) Inform the pregnant woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care; (iii) Contain a toll-free, twenty-four-hour telephone number that may be called to obtain information about the agencies in the geographic area of the caller and of the services offered; and (iv) State that: (a) It is unlawful for any individual to coerce a woman to undergo an abortion; (b) If a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to undergo an abortion, the minor shall be deemed emancipated for the purposes of eligibility for public assistance benefits, except that benefits may not be used to obtain an abortion; (c) A physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action; and (d) The law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care. (C) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any public or private agency or service described in this section; (2) (A) Materials that include information on the support obligations of a father of a child who is born alive, including without limitation the father's legal duty to support the child, including child support payments and health insurance, and the fact that paternity may be established by the father's signature on a birth certificate, by a statement of paternity, or by court action. (B) The materials shall state that more information concerning establishment of paternity and child support services and enforcement may be obtained by calling state or county public assistance agencies; (3) (A) Materials that describe the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including color photographs of the unborn child at two-week gestational increments. (B) The materials and descriptions shall: (i) (a) Include information about brain and heart functions, the presence of external features and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival. (b) If a photograph is not available, a picture shall contain the dimensions of the unborn child and shall be realistic; and (ii) Be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages; (4) Materials that contain objective information describing the various surgical and drug-induced methods of abortion, as well as the immediate and long-term medical risks commonly associated with each abortion method, including without limitation the risks of: (A) Cervical or uterine perforation or rupture; (B) Danger to subsequent pregnancies; (C) Hemorrhage; (D) Infection; (E) Medical risks associated with carrying a child to term following an abortion; and (F) Possible adverse psychological effects associated with an abortion; (5) A uniform resource locator for the state website where the materials required under this section can be found; (6) (A) Materials that include information on the potential ability of a qualified person to reverse the effects of abortion-inducing drugs, such as mifepristone, Mifeprex, and misoprostol, including without limitation information directing a woman to obtain further information at appropriate websites and by contacting appropriate agencies for assistance in locating a healthcare professional to aid in the reversal of an abortion. (B) The materials shall include a notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet." (C) The notice shall also include directions to access the department website and other appropriate telephone and internet resources; and (7) A checklist certification form to be used by the physician or a qualified person assisting the physician that lists the items of information to be given to the woman by a physician or the agent under this subchapter.

(1) (A) Geographically indexed materials that inform a pregnant woman seeking an abortion of public and private agencies and services available to assist her through pregnancy, upon childbirth, and while her child is dependent, including without limitation adoption agencies. (B) The materials shall: (i) Include: (a) A comprehensive list of the public and private agencies and services, a description of the services they offer, and the telephone numbers and addresses of the agencies; and (b) The following statement: "There are many public and private agencies willing and able to help you to carry your child to term and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Arkansas strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion."; (ii) Inform the pregnant woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care; (iii) Contain a toll-free, twenty-four-hour telephone number that may be called to obtain information about the agencies in the geographic area of the caller and of the services offered; and (iv) State that: (a) It is unlawful for any individual to coerce a woman to undergo an abortion; (b) If a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to undergo an abortion, the minor shall be deemed emancipated for the purposes of eligibility for public assistance benefits, except that benefits may not be used to obtain an abortion; (c) A physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action; and (d) The law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care. (C) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any public or private agency or service described in this section;

(A) Geographically indexed materials that inform a pregnant woman seeking an abortion of public and private agencies and services available to assist her through pregnancy, upon childbirth, and while her child is dependent, including without limitation adoption agencies.

(B) The materials shall: (i) Include: (a) A comprehensive list of the public and private agencies and services, a description of the services they offer, and the telephone numbers and addresses of the agencies; and (b) The following statement: "There are many public and private agencies willing and able to help you to carry your child to term and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Arkansas strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion."; (ii) Inform the pregnant woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care; (iii) Contain a toll-free, twenty-four-hour telephone number that may be called to obtain information about the agencies in the geographic area of the caller and of the services offered; and (iv) State that: (a) It is unlawful for any individual to coerce a woman to undergo an abortion; (b) If a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to undergo an abortion, the minor shall be deemed emancipated for the purposes of eligibility for public assistance benefits, except that benefits may not be used to obtain an abortion; (c) A physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action; and (d) The law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care.

(i) Include: (a) A comprehensive list of the public and private agencies and services, a description of the services they offer, and the telephone numbers and addresses of the agencies; and (b) The following statement: "There are many public and private agencies willing and able to help you to carry your child to term and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Arkansas strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion.";

(a) A comprehensive list of the public and private agencies and services, a description of the services they offer, and the telephone numbers and addresses of the agencies; and

(b) The following statement: "There are many public and private agencies willing and able to help you to carry your child to term and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Arkansas strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion.";

(ii) Inform the pregnant woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care;

(iii) Contain a toll-free, twenty-four-hour telephone number that may be called to obtain information about the agencies in the geographic area of the caller and of the services offered; and

(iv) State that: (a) It is unlawful for any individual to coerce a woman to undergo an abortion; (b) If a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to undergo an abortion, the minor shall be deemed emancipated for the purposes of eligibility for public assistance benefits, except that benefits may not be used to obtain an abortion; (c) A physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action; and (d) The law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care.

(a) It is unlawful for any individual to coerce a woman to undergo an abortion;

(b) If a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to undergo an abortion, the minor shall be deemed emancipated for the purposes of eligibility for public assistance benefits, except that benefits may not be used to obtain an abortion;

(c) A physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action; and

(d) The law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care.

(C) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any public or private agency or service described in this section;

(2) (A) Materials that include information on the support obligations of a father of a child who is born alive, including without limitation the father's legal duty to support the child, including child support payments and health insurance, and the fact that paternity may be established by the father's signature on a birth certificate, by a statement of paternity, or by court action. (B) The materials shall state that more information concerning establishment of paternity and child support services and enforcement may be obtained by calling state or county public assistance agencies;

(A) Materials that include information on the support obligations of a father of a child who is born alive, including without limitation the father's legal duty to support the child, including child support payments and health insurance, and the fact that paternity may be established by the father's signature on a birth certificate, by a statement of paternity, or by court action.

(B) The materials shall state that more information concerning establishment of paternity and child support services and enforcement may be obtained by calling state or county public assistance agencies;

(3) (A) Materials that describe the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including color photographs of the unborn child at two-week gestational increments. (B) The materials and descriptions shall: (i) (a) Include information about brain and heart functions, the presence of external features and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival. (b) If a photograph is not available, a picture shall contain the dimensions of the unborn child and shall be realistic; and (ii) Be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages;

(A) Materials that describe the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including color photographs of the unborn child at two-week gestational increments.

(B) The materials and descriptions shall: (i) (a) Include information about brain and heart functions, the presence of external features and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival. (b) If a photograph is not available, a picture shall contain the dimensions of the unborn child and shall be realistic; and (ii) Be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages;

(i) (a) Include information about brain and heart functions, the presence of external features and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival. (b) If a photograph is not available, a picture shall contain the dimensions of the unborn child and shall be realistic; and

(a) Include information about brain and heart functions, the presence of external features and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival.

(b) If a photograph is not available, a picture shall contain the dimensions of the unborn child and shall be realistic; and

(ii) Be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages;

(4) Materials that contain objective information describing the various surgical and drug-induced methods of abortion, as well as the immediate and long-term medical risks commonly associated with each abortion method, including without limitation the risks of: (A) Cervical or uterine perforation or rupture; (B) Danger to subsequent pregnancies; (C) Hemorrhage; (D) Infection; (E) Medical risks associated with carrying a child to term following an abortion; and (F) Possible adverse psychological effects associated with an abortion;

(A) Cervical or uterine perforation or rupture;

(B) Danger to subsequent pregnancies;

(C) Hemorrhage;

(D) Infection;

(E) Medical risks associated with carrying a child to term following an abortion; and

(F) Possible adverse psychological effects associated with an abortion;

(5) A uniform resource locator for the state website where the materials required under this section can be found;

(6) (A) Materials that include information on the potential ability of a qualified person to reverse the effects of abortion-inducing drugs, such as mifepristone, Mifeprex, and misoprostol, including without limitation information directing a woman to obtain further information at appropriate websites and by contacting appropriate agencies for assistance in locating a healthcare professional to aid in the reversal of an abortion. (B) The materials shall include a notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet." (C) The notice shall also include directions to access the department website and other appropriate telephone and internet resources; and

(A) Materials that include information on the potential ability of a qualified person to reverse the effects of abortion-inducing drugs, such as mifepristone, Mifeprex, and misoprostol, including without limitation information directing a woman to obtain further information at appropriate websites and by contacting appropriate agencies for assistance in locating a healthcare professional to aid in the reversal of an abortion.

(B) The materials shall include a notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet."

"Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet."

(C) The notice shall also include directions to access the department website and other appropriate telephone and internet resources; and

(7) A checklist certification form to be used by the physician or a qualified person assisting the physician that lists the items of information to be given to the woman by a physician or the agent under this subchapter.

(c) The materials shall be printed in a typeface large enough to be clearly legible.

(d) (1) The department shall produce a standard format DVD that may be used statewide presenting the information required under this section. (2) In preparing the DVD, the department may summarize and make reference to the comprehensive printed list of geographically indexed names and services described in this section. (3) (A) The DVD shall show, in addition to the information described in this section, an ultrasound of the heartbeat of an unborn child at four to five (4-5) weeks' gestational age, at six to eight (6-8) weeks' gestational age, and each month thereafter, until viability. (B) The information in the DVD shall be presented in an objective, unbiased manner designed to convey only accurate scientific information.

(1) The department shall produce a standard format DVD that may be used statewide presenting the information required under this section.

(2) In preparing the DVD, the department may summarize and make reference to the comprehensive printed list of geographically indexed names and services described in this section.

(3) (A) The DVD shall show, in addition to the information described in this section, an ultrasound of the heartbeat of an unborn child at four to five (4-5) weeks' gestational age, at six to eight (6-8) weeks' gestational age, and each month thereafter, until viability. (B) The information in the DVD shall be presented in an objective, unbiased manner designed to convey only accurate scientific information.

(A) The DVD shall show, in addition to the information described in this section, an ultrasound of the heartbeat of an unborn child at four to five (4-5) weeks' gestational age, at six to eight (6-8) weeks' gestational age, and each month thereafter, until viability.

(B) The information in the DVD shall be presented in an objective, unbiased manner designed to convey only accurate scientific information.

(e) The materials and the DVD required under this section shall be available at no cost from the department upon request and in appropriate number to any person, facility, or hospital.

Amended by Act 2019, No. 522,§ 2, eff. 7/24/2019.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-10-1009 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1009
Right to rescind long-term care contracts
Status: in_force

For a fourteen-day period beginning on the date of entry into a long-term care facility, the resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the facility. If the resident entered the facility and received some benefit therefrom, the charges of the services provided shall be prorated and payment made only for the benefits conferred. Acts 1989, No. 663, § 1.

For a fourteen-day period beginning on the date of entry into a long-term care facility, the resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the facility. If the resident entered the facility and received some benefit therefrom, the charges of the services provided shall be prorated and payment made only for the benefits conferred.

Acts 1989, No. 663, § 1.
Ark. Code Ann. § 20-47-218 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-218
Treatment
Status: in_force

(a) At all steps of the involuntary admission proceeding, the mental health treatments and conditions of treatment for the person named in the petition for involuntary admission shall be no more harsh, hazardous, or intrusive than necessary to achieve a successful treatment or objective for the person and shall involve no restrictions on physical movement or supervised, resident, outpatient, or inpatient care except as reasonably necessary for the administration of treatment for the protection of the person or others from physical injury. (b) Specific limitations on treatment during detention shall include the following: (1) Detention under this subchapter may only be in a hospital or receiving facility or program as defined in § 20-47-202 ; (2) (A) During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours. (B) Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period; (3) (A) Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program. (B) Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and (4) Short-acting and long-acting medication may be used during the forty-five-day admission period and the one-hundred-eighty-day involuntary admission period. (c) If the court at a forty-five-day admission period or a one-hundred-eighty-day involuntary admission hearing finds by clear and convincing evidence that the person is in need of treatment, it shall issue an order involuntarily admitting the person to the custody of the administrator or his or her designee for care and treatment within a receiving facility or program which is located within the person's geographic area of residence or to an appropriate hospital as defined in § 20-47-202 . (d) (1) A treatment plan will be submitted to the court for approval at hearings held under §§ 20-47-214 and 20-47-215 . (2) The treatment plan will be submitted by the person's treatment staff of the hospital or the receiving facility or program to which the person has been involuntarily admitted. (3) The approved treatment plan shall be incorporated by reference as a part of the court's order of involuntary admission. (e) Notification shall be provided to the court by the person's treatment staff upon a change in the person's treatment plan if the change results in the person's being treated in a more restrictive setting or manner. Acts 1989, No. 861, § 15.

(a) At all steps of the involuntary admission proceeding, the mental health treatments and conditions of treatment for the person named in the petition for involuntary admission shall be no more harsh, hazardous, or intrusive than necessary to achieve a successful treatment or objective for the person and shall involve no restrictions on physical movement or supervised, resident, outpatient, or inpatient care except as reasonably necessary for the administration of treatment for the protection of the person or others from physical injury.

(b) Specific limitations on treatment during detention shall include the following: (1) Detention under this subchapter may only be in a hospital or receiving facility or program as defined in § 20-47-202 ; (2) (A) During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours. (B) Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period; (3) (A) Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program. (B) Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and (4) Short-acting and long-acting medication may be used during the forty-five-day admission period and the one-hundred-eighty-day involuntary admission period.

(1) Detention under this subchapter may only be in a hospital or receiving facility or program as defined in § 20-47-202 ;

(2) (A) During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours. (B) Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period;

(A) During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours.

(B) Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period;

(3) (A) Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program. (B) Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and

(A) Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program.

(B) Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and

(4) Short-acting and long-acting medication may be used during the forty-five-day admission period and the one-hundred-eighty-day involuntary admission period.

(c) If the court at a forty-five-day admission period or a one-hundred-eighty-day involuntary admission hearing finds by clear and convincing evidence that the person is in need of treatment, it shall issue an order involuntarily admitting the person to the custody of the administrator or his or her designee for care and treatment within a receiving facility or program which is located within the person's geographic area of residence or to an appropriate hospital as defined in § 20-47-202 .

(d) (1) A treatment plan will be submitted to the court for approval at hearings held under §§ 20-47-214 and 20-47-215 . (2) The treatment plan will be submitted by the person's treatment staff of the hospital or the receiving facility or program to which the person has been involuntarily admitted. (3) The approved treatment plan shall be incorporated by reference as a part of the court's order of involuntary admission.

(1) A treatment plan will be submitted to the court for approval at hearings held under §§ 20-47-214 and 20-47-215 .

(2) The treatment plan will be submitted by the person's treatment staff of the hospital or the receiving facility or program to which the person has been involuntarily admitted.

(3) The approved treatment plan shall be incorporated by reference as a part of the court's order of involuntary admission.

(e) Notification shall be provided to the court by the person's treatment staff upon a change in the person's treatment plan if the change results in the person's being treated in a more restrictive setting or manner.

Acts 1989, No. 861, § 15.
Ark. Code Ann. § 20-64-820 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-820
Appointment of counsel
Status: in_force

(a) If it appears to the court that a person sought to be committed is in need of counsel, counsel shall be appointed immediately upon filing of the petition. Whenever legal counsel is appointed by the court, such court shall determine the amount of the fee, if any, to be paid the attorney so appointed and shall issue an order directing the payment. The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney and the investigation, preparation, and representation of the client at the court hearings. The court shall have the authority to appoint counsel on a pro bono basis. (b) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter and upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the same shall be approved by the county quorum court and shall be paid in the same manner as other claims against the county are paid. Acts 1989 (3rd Ex. Sess.), No. 10, § 9.

(a) If it appears to the court that a person sought to be committed is in need of counsel, counsel shall be appointed immediately upon filing of the petition. Whenever legal counsel is appointed by the court, such court shall determine the amount of the fee, if any, to be paid the attorney so appointed and shall issue an order directing the payment. The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney and the investigation, preparation, and representation of the client at the court hearings. The court shall have the authority to appoint counsel on a pro bono basis.

(b) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter and upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the same shall be approved by the county quorum court and shall be paid in the same manner as other claims against the county are paid.

Acts 1989 (3rd Ex. Sess.), No. 10, § 9.
Ark. Code Ann. § 20-16-2304 — AR Code / Title 20 / Chapter 16 / Subchapter 23 / Section 20-16-2304
Informed consent for abortion to include perinatal palliative care information
Status: in_force

(a) Except in the case of a medical emergency, consent to an abortion when the unborn child has been diagnosed with a lethal fetal anomaly is voluntary and informed only if at least seventy-two (72) hours before the abortion: (1) The physician performing the abortion has verbally informed the pregnant woman that perinatal palliative care services are available and has offered perinatal palliative care services as an alternative to abortion; and (2) The pregnant woman is given a list of perinatal palliative care services available both in the state and nationally that is prepared by the Department of Health and organized geographically by location. (b) If the pregnant woman declines perinatal palliative care services, the pregnant woman shall certify in writing that: (1) She declines the perinatal palliative care services; and (2) She has received the materials described in subdivision (a)(2) of this section. Acts 2019, No. 953, § 1, eff. 7/24/2020.

(a) Except in the case of a medical emergency, consent to an abortion when the unborn child has been diagnosed with a lethal fetal anomaly is voluntary and informed only if at least seventy-two (72) hours before the abortion: (1) The physician performing the abortion has verbally informed the pregnant woman that perinatal palliative care services are available and has offered perinatal palliative care services as an alternative to abortion; and (2) The pregnant woman is given a list of perinatal palliative care services available both in the state and nationally that is prepared by the Department of Health and organized geographically by location.

(1) The physician performing the abortion has verbally informed the pregnant woman that perinatal palliative care services are available and has offered perinatal palliative care services as an alternative to abortion; and

(2) The pregnant woman is given a list of perinatal palliative care services available both in the state and nationally that is prepared by the Department of Health and organized geographically by location.

(b) If the pregnant woman declines perinatal palliative care services, the pregnant woman shall certify in writing that: (1) She declines the perinatal palliative care services; and (2) She has received the materials described in subdivision (a)(2) of this section.

(1) She declines the perinatal palliative care services; and

(2) She has received the materials described in subdivision (a)(2) of this section.

Acts 2019, No. 953, § 1, eff. 7/24/2020.
Ark. Code Ann. § 20-19-604 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-604
Prior possession
Status: in_force

A person eighteen (18) years of age or older may continue to lawfully possess a primate, including an ape, macaque, or baboon, if within one hundred eighty (180) days after August 16, 2013, the primate, including an ape, macaque, or baboon, is registered under § 20-19-605 and if: (1) The person maintains veterinary records, acquisition papers, or other documents or records that establish that the person possessed the primate, including an ape, macaque, or baboon, before August 16, 2013; (2) The person does not acquire an ape, macaque, or baboon after August 16, 2013, by purchase, trade, or breeding; (3) The person has not pleaded guilty or nolo contendere to or been found guilty of an offense involving the abuse or neglect of an animal under a state, local, or federal law; (4) The person is not subject to a court order requiring the forfeiture of a primate; (5) The person has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of an animal revoked or suspended for more than six (6) months by a state, local, or federal authority; (6) The facility and the conditions in which each primate is kept comply with this subchapter; (7) The person does not bring a primate to a commercial or retail establishment, unless it is owned or rented by the registered primate owner, or is a licensed veterinarian's office, an educational facility, a facility rented for the sole purpose of education, or a hotel or motel where the primate would not have direct contact with the public; or (8) The person has an identification number placed in the primate via subcutaneous microchip, at the expense of the owner, unless a veterinarian determines the implantation would be harmful to the primate's well-being. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

A person eighteen (18) years of age or older may continue to lawfully possess a primate, including an ape, macaque, or baboon, if within one hundred eighty (180) days after August 16, 2013, the primate, including an ape, macaque, or baboon, is registered under § 20-19-605 and if:

(1) The person maintains veterinary records, acquisition papers, or other documents or records that establish that the person possessed the primate, including an ape, macaque, or baboon, before August 16, 2013;

(2) The person does not acquire an ape, macaque, or baboon after August 16, 2013, by purchase, trade, or breeding;

(3) The person has not pleaded guilty or nolo contendere to or been found guilty of an offense involving the abuse or neglect of an animal under a state, local, or federal law;

(4) The person is not subject to a court order requiring the forfeiture of a primate;

(5) The person has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of an animal revoked or suspended for more than six (6) months by a state, local, or federal authority;

(6) The facility and the conditions in which each primate is kept comply with this subchapter;

(7) The person does not bring a primate to a commercial or retail establishment, unless it is owned or rented by the registered primate owner, or is a licensed veterinarian's office, an educational facility, a facility rented for the sole purpose of education, or a hotel or motel where the primate would not have direct contact with the public; or

(8) The person has an identification number placed in the primate via subcutaneous microchip, at the expense of the owner, unless a veterinarian determines the implantation would be harmful to the primate's well-being.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-64-313 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-313
Depressant and stimulant drugs - Records by certain persons required
Status: in_force

(a) (1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, on and after June 30, 1967, prepare a complete and accurate record of all stocks of each drug on hand and shall keep the record for three (3) years, except that if this record has already been prepared in accordance with section 511(d) of the Federal Food, Drug, and Cosmetic Act, no additional record shall be required, provided that all records prepared under section 511(d) of the Federal Food, Drug, and Cosmetic Act have been retained and are made available to the State Board of Health upon request. When additional depressant or stimulant drugs are designated by the board after June 30, 1967, a similar record must be prepared upon the effective date of the designation on and after June 30, 1967. Every person manufacturing, compounding, or processing any depressant or stimulant drug shall prepare and keep, for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug manufactured, compounded, or processed and the date of the manufacture, compounding, or processing. (2) Every person selling, delivering, or otherwise disposing of any depressant or stimulant drug shall prepare or obtain, and keep for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug received, sold, delivered, or otherwise disposed of, the name and address from whom it was received and to whom it was sold, delivered, or otherwise disposed of, and the date of the transaction. (b) (1) Every person required by subdivision (a)(1) of this section to prepare or obtain, and keep, records and any carrier maintaining records with respect to any shipment containing any depressant or stimulant drug, and every person in charge, or having custody, of the records, shall, upon request of an officer or employee designated by the board, permit an officer or employee at reasonable times to have access to and copy the records. For the purposes of verification of the records and of enforcement of this subchapter, officers or employees designated by the board are authorized, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any depressant or stimulant drug is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of and to inspect, within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished material, containers and labeling therein, and all things therein including records, files, papers, processes, controls, and facilities; and to inventory any stock of any such drug therein and obtain samples of any drug. (2) No inspection authorized by subdivision (b)(1) of this section shall extend to: (A) Financial data; (B) Sales data other than shipment data; (C) Pricing data; (D) Personnel data; or (E) Research data. (c) The provisions of subsections (a) and (b) of this section shall not apply to a licensed practitioner described in § 20-64-309(5) with respect to any depressant or stimulant drug received, prepared, processed, administered, or dispensed by him or her in the course of his or her professional practice unless the practitioner regularly engages in dispensing any drug or drugs to his or her patients for which they are charged, either separately or together with charges for other professional services. Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.

(a) (1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, on and after June 30, 1967, prepare a complete and accurate record of all stocks of each drug on hand and shall keep the record for three (3) years, except that if this record has already been prepared in accordance with section 511(d) of the Federal Food, Drug, and Cosmetic Act, no additional record shall be required, provided that all records prepared under section 511(d) of the Federal Food, Drug, and Cosmetic Act have been retained and are made available to the State Board of Health upon request. When additional depressant or stimulant drugs are designated by the board after June 30, 1967, a similar record must be prepared upon the effective date of the designation on and after June 30, 1967. Every person manufacturing, compounding, or processing any depressant or stimulant drug shall prepare and keep, for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug manufactured, compounded, or processed and the date of the manufacture, compounding, or processing. (2) Every person selling, delivering, or otherwise disposing of any depressant or stimulant drug shall prepare or obtain, and keep for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug received, sold, delivered, or otherwise disposed of, the name and address from whom it was received and to whom it was sold, delivered, or otherwise disposed of, and the date of the transaction.

(1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, on and after June 30, 1967, prepare a complete and accurate record of all stocks of each drug on hand and shall keep the record for three (3) years, except that if this record has already been prepared in accordance with section 511(d) of the Federal Food, Drug, and Cosmetic Act, no additional record shall be required, provided that all records prepared under section 511(d) of the Federal Food, Drug, and Cosmetic Act have been retained and are made available to the State Board of Health upon request. When additional depressant or stimulant drugs are designated by the board after June 30, 1967, a similar record must be prepared upon the effective date of the designation on and after June 30, 1967. Every person manufacturing, compounding, or processing any depressant or stimulant drug shall prepare and keep, for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug manufactured, compounded, or processed and the date of the manufacture, compounding, or processing.

(2) Every person selling, delivering, or otherwise disposing of any depressant or stimulant drug shall prepare or obtain, and keep for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug received, sold, delivered, or otherwise disposed of, the name and address from whom it was received and to whom it was sold, delivered, or otherwise disposed of, and the date of the transaction.

(b) (1) Every person required by subdivision (a)(1) of this section to prepare or obtain, and keep, records and any carrier maintaining records with respect to any shipment containing any depressant or stimulant drug, and every person in charge, or having custody, of the records, shall, upon request of an officer or employee designated by the board, permit an officer or employee at reasonable times to have access to and copy the records. For the purposes of verification of the records and of enforcement of this subchapter, officers or employees designated by the board are authorized, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any depressant or stimulant drug is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of and to inspect, within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished material, containers and labeling therein, and all things therein including records, files, papers, processes, controls, and facilities; and to inventory any stock of any such drug therein and obtain samples of any drug. (2) No inspection authorized by subdivision (b)(1) of this section shall extend to: (A) Financial data; (B) Sales data other than shipment data; (C) Pricing data; (D) Personnel data; or (E) Research data.

(1) Every person required by subdivision (a)(1) of this section to prepare or obtain, and keep, records and any carrier maintaining records with respect to any shipment containing any depressant or stimulant drug, and every person in charge, or having custody, of the records, shall, upon request of an officer or employee designated by the board, permit an officer or employee at reasonable times to have access to and copy the records. For the purposes of verification of the records and of enforcement of this subchapter, officers or employees designated by the board are authorized, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any depressant or stimulant drug is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of and to inspect, within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished material, containers and labeling therein, and all things therein including records, files, papers, processes, controls, and facilities; and to inventory any stock of any such drug therein and obtain samples of any drug.

(2) No inspection authorized by subdivision (b)(1) of this section shall extend to: (A) Financial data; (B) Sales data other than shipment data; (C) Pricing data; (D) Personnel data; or (E) Research data.

(A) Financial data;

(B) Sales data other than shipment data;

(C) Pricing data;

(D) Personnel data; or

(E) Research data.

(c) The provisions of subsections (a) and (b) of this section shall not apply to a licensed practitioner described in § 20-64-309(5) with respect to any depressant or stimulant drug received, prepared, processed, administered, or dispensed by him or her in the course of his or her professional practice unless the practitioner regularly engages in dispensing any drug or drugs to his or her patients for which they are charged, either separately or together with charges for other professional services.

Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Ark. Code Ann. § 20-59-222 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-222
Unlawful acts - Improper reading of butterfat control
Status: in_force

It shall be unlawful to read the percent of butterfat in cream tests without the correct use of gylmol or similar oils. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to read the percent of butterfat in cream tests without the correct use of gylmol or similar oils.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-9-405 — AR Code / Title 20 / Chapter 9 / Subchapter 4 / Section 20-9-405
Practice of midwifery
Status: in_force

Nothing in this subchapter shall be construed to prohibit the lawful practice of lay midwifery in any location under the Licensed Lay Midwife Act, § 17-85-101 et seq. Acts 1997, No. 891, § 4.

Nothing in this subchapter shall be construed to prohibit the lawful practice of lay midwifery in any location under the Licensed Lay Midwife Act, § 17-85-101 et seq.

Acts 1997, No. 891, § 4.
Ark. Code Ann. § 20-77-1505 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1505
Donations by community-based health cooperatives
Status: in_force

A community-based health cooperative may make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment to the articles of incorporation. Acts 2003, No. 660, § 5.

A community-based health cooperative may make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment to the articles of incorporation.

Acts 2003, No. 660, § 5.
Ark. Code Ann. § 20-10-704 — AR Code / Title 20 / Chapter 10 / Subchapter 7 / Section 20-10-704
Training program
Status: in_force

The Department of Human Services shall establish a training program to be completed by all aides in long-term care facilities who provide personal care to residents. Amended by Act 2021, No. 1017,§ 4, eff. 7/28/2021. Acts 1987, No. 689, § 2.

The Department of Human Services shall establish a training program to be completed by all aides in long-term care facilities who provide personal care to residents.

Amended by Act 2021, No. 1017,§ 4, eff. 7/28/2021.

Acts 1987, No. 689, § 2.
Ark. Code Ann. § 20-81-104 — AR Code / Title 20 / Chapter 81 / Section 20-81-104
Arkansas Veterans' Commission
Status: in_force

(a) The Arkansas Veterans' Commission is established to: (1) Serve as the advisory body for the Secretary of the Department of Veterans Affairs; (2) Serve as a liaison between the Department of Veterans Affairs and a chartered nonprofit veterans organization in this state, including without limitation the: (A) American Legion; (B) Department of Arkansas, Veterans of Foreign Wars of the United States; (C) Disabled American Veterans; and (D) Arkansas Veteran's Coalition, Inc.; (3) Promote and advance the interests of Arkansas veterans by meeting and acting as an advisory board to the General Assembly on all matters affecting Arkansas veterans, their dependents, and survivors, including without limitation by meeting with the members of the House Legislative, Military and Veterans Affairs Permanent Subcommittee of the House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (4) Gather information and data to help improve the operation and efficiency of the veterans' homes established under § 20-81-105 and a state veterans' cemetery established under § 20-81-112 by consulting with and coordinating with veterans' commissions in other states. (b) (1) The Arkansas Veterans' Commission shall be composed of fifteen (15) members, who shall be appointed by the Governor and confirmed by the Senate. (2) Members of the Arkansas Veterans' Commission shall serve for five-year overlapping terms. (3) The Arkansas Veterans' Commission shall annually elect its chair from among its membership. (4) (A) Members of the Arkansas Veterans' Commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (B) (i) Members of the Arkansas Veterans' Commission are also authorized to attend conventions, conferences, or meetings of recognized veterans' organizations, herein defined as veterans' organizations listed in the current United States Department of Veterans Affairs Directory of Veterans and Military Service Organizations as meeting the criteria of 38 C.F.R § 14.628 , and are entitled to reimbursement for expenses incurred in attending those conventions, conferences, or meetings in accordance with procedures and limits prescribed by law or regulation for state employees. (ii) However, a member of the Arkansas Veterans' Commission shall not be entitled to reimbursement of the expenses authorized in subdivision (b)(4)(B)(i) of this section unless the reimbursement is approved in advance by the Chair of the Arkansas Veterans' Commission and the secretary. (C) (i) A member of the Arkansas Veterans' Commission shall not receive more than one thousand dollars ($1,000) during any fiscal year for stipends and reimbursement of expenses incurred as a member of the Arkansas Veterans' Commission unless: (a) Another member of the Arkansas Veterans' Commission claims less than one thousand dollars ($1,000) in stipends and reimbursement of expenses during the fiscal year; and (b) The chair, subject to the approval of the secretary, authorizes the transfer of the unclaimed funds authorized by subdivision (b)(4)(C)(i) (a) of this section to another member of the Arkansas Veterans' Commission to be used for stipends and reimbursement expenses incurred over the authorized one thousand dollars ($1,000). (ii) However, a member of the Arkansas Veterans' Commission shall not receive more than two thousand five hundred dollars ($2,500) in stipends and reimbursement of expenses in any fiscal year. (c) The Arkansas Veterans' Commission shall make recommendations to the secretary for the operation and improvement of the efficiency of the veterans' homes established under § 20-81-105 and the state veterans' cemetery system established under § 20-81-112 . (d) Quarterly meetings of the Arkansas Veterans' Commission are authorized at the call of the chair. Amended by Act 2019, No. 910,§ 6333, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6332, eff. 7/1/2019. Amended by Act 2017, No. 388,§ 1, eff. 8/1/2017. Acts 1979, No. 324, § 13; A.S.A. 1947, § 11-1422; Acts 1991, No. 670, § 1; 1993, No. 136, § 1; 1997, No. 250, § 210; 1999, No. 634, § 1.

(a) The Arkansas Veterans' Commission is established to: (1) Serve as the advisory body for the Secretary of the Department of Veterans Affairs; (2) Serve as a liaison between the Department of Veterans Affairs and a chartered nonprofit veterans organization in this state, including without limitation the: (A) American Legion; (B) Department of Arkansas, Veterans of Foreign Wars of the United States; (C) Disabled American Veterans; and (D) Arkansas Veteran's Coalition, Inc.; (3) Promote and advance the interests of Arkansas veterans by meeting and acting as an advisory board to the General Assembly on all matters affecting Arkansas veterans, their dependents, and survivors, including without limitation by meeting with the members of the House Legislative, Military and Veterans Affairs Permanent Subcommittee of the House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (4) Gather information and data to help improve the operation and efficiency of the veterans' homes established under § 20-81-105 and a state veterans' cemetery established under § 20-81-112 by consulting with and coordinating with veterans' commissions in other states.

(1) Serve as the advisory body for the Secretary of the Department of Veterans Affairs;

(2) Serve as a liaison between the Department of Veterans Affairs and a chartered nonprofit veterans organization in this state, including without limitation the: (A) American Legion; (B) Department of Arkansas, Veterans of Foreign Wars of the United States; (C) Disabled American Veterans; and (D) Arkansas Veteran's Coalition, Inc.;

(A) American Legion;

(B) Department of Arkansas, Veterans of Foreign Wars of the United States;

(C) Disabled American Veterans; and

(D) Arkansas Veteran's Coalition, Inc.;

(3) Promote and advance the interests of Arkansas veterans by meeting and acting as an advisory board to the General Assembly on all matters affecting Arkansas veterans, their dependents, and survivors, including without limitation by meeting with the members of the House Legislative, Military and Veterans Affairs Permanent Subcommittee of the House Committee on Aging, Children and Youth, Legislative and Military Affairs; and

(4) Gather information and data to help improve the operation and efficiency of the veterans' homes established under § 20-81-105 and a state veterans' cemetery established under § 20-81-112 by consulting with and coordinating with veterans' commissions in other states.

(b) (1) The Arkansas Veterans' Commission shall be composed of fifteen (15) members, who shall be appointed by the Governor and confirmed by the Senate. (2) Members of the Arkansas Veterans' Commission shall serve for five-year overlapping terms. (3) The Arkansas Veterans' Commission shall annually elect its chair from among its membership. (4) (A) Members of the Arkansas Veterans' Commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (B) (i) Members of the Arkansas Veterans' Commission are also authorized to attend conventions, conferences, or meetings of recognized veterans' organizations, herein defined as veterans' organizations listed in the current United States Department of Veterans Affairs Directory of Veterans and Military Service Organizations as meeting the criteria of 38 C.F.R § 14.628 , and are entitled to reimbursement for expenses incurred in attending those conventions, conferences, or meetings in accordance with procedures and limits prescribed by law or regulation for state employees. (ii) However, a member of the Arkansas Veterans' Commission shall not be entitled to reimbursement of the expenses authorized in subdivision (b)(4)(B)(i) of this section unless the reimbursement is approved in advance by the Chair of the Arkansas Veterans' Commission and the secretary. (C) (i) A member of the Arkansas Veterans' Commission shall not receive more than one thousand dollars ($1,000) during any fiscal year for stipends and reimbursement of expenses incurred as a member of the Arkansas Veterans' Commission unless: (a) Another member of the Arkansas Veterans' Commission claims less than one thousand dollars ($1,000) in stipends and reimbursement of expenses during the fiscal year; and (b) The chair, subject to the approval of the secretary, authorizes the transfer of the unclaimed funds authorized by subdivision (b)(4)(C)(i) (a) of this section to another member of the Arkansas Veterans' Commission to be used for stipends and reimbursement expenses incurred over the authorized one thousand dollars ($1,000). (ii) However, a member of the Arkansas Veterans' Commission shall not receive more than two thousand five hundred dollars ($2,500) in stipends and reimbursement of expenses in any fiscal year.

(1) The Arkansas Veterans' Commission shall be composed of fifteen (15) members, who shall be appointed by the Governor and confirmed by the Senate.

(2) Members of the Arkansas Veterans' Commission shall serve for five-year overlapping terms.

(3) The Arkansas Veterans' Commission shall annually elect its chair from among its membership.

(4) (A) Members of the Arkansas Veterans' Commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (B) (i) Members of the Arkansas Veterans' Commission are also authorized to attend conventions, conferences, or meetings of recognized veterans' organizations, herein defined as veterans' organizations listed in the current United States Department of Veterans Affairs Directory of Veterans and Military Service Organizations as meeting the criteria of 38 C.F.R § 14.628 , and are entitled to reimbursement for expenses incurred in attending those conventions, conferences, or meetings in accordance with procedures and limits prescribed by law or regulation for state employees. (ii) However, a member of the Arkansas Veterans' Commission shall not be entitled to reimbursement of the expenses authorized in subdivision (b)(4)(B)(i) of this section unless the reimbursement is approved in advance by the Chair of the Arkansas Veterans' Commission and the secretary. (C) (i) A member of the Arkansas Veterans' Commission shall not receive more than one thousand dollars ($1,000) during any fiscal year for stipends and reimbursement of expenses incurred as a member of the Arkansas Veterans' Commission unless: (a) Another member of the Arkansas Veterans' Commission claims less than one thousand dollars ($1,000) in stipends and reimbursement of expenses during the fiscal year; and (b) The chair, subject to the approval of the secretary, authorizes the transfer of the unclaimed funds authorized by subdivision (b)(4)(C)(i) (a) of this section to another member of the Arkansas Veterans' Commission to be used for stipends and reimbursement expenses incurred over the authorized one thousand dollars ($1,000). (ii) However, a member of the Arkansas Veterans' Commission shall not receive more than two thousand five hundred dollars ($2,500) in stipends and reimbursement of expenses in any fiscal year.

(A) Members of the Arkansas Veterans' Commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(B) (i) Members of the Arkansas Veterans' Commission are also authorized to attend conventions, conferences, or meetings of recognized veterans' organizations, herein defined as veterans' organizations listed in the current United States Department of Veterans Affairs Directory of Veterans and Military Service Organizations as meeting the criteria of 38 C.F.R § 14.628 , and are entitled to reimbursement for expenses incurred in attending those conventions, conferences, or meetings in accordance with procedures and limits prescribed by law or regulation for state employees. (ii) However, a member of the Arkansas Veterans' Commission shall not be entitled to reimbursement of the expenses authorized in subdivision (b)(4)(B)(i) of this section unless the reimbursement is approved in advance by the Chair of the Arkansas Veterans' Commission and the secretary.

(i) Members of the Arkansas Veterans' Commission are also authorized to attend conventions, conferences, or meetings of recognized veterans' organizations, herein defined as veterans' organizations listed in the current United States Department of Veterans Affairs Directory of Veterans and Military Service Organizations as meeting the criteria of 38 C.F.R § 14.628 , and are entitled to reimbursement for expenses incurred in attending those conventions, conferences, or meetings in accordance with procedures and limits prescribed by law or regulation for state employees.

(ii) However, a member of the Arkansas Veterans' Commission shall not be entitled to reimbursement of the expenses authorized in subdivision (b)(4)(B)(i) of this section unless the reimbursement is approved in advance by the Chair of the Arkansas Veterans' Commission and the secretary.

(C) (i) A member of the Arkansas Veterans' Commission shall not receive more than one thousand dollars ($1,000) during any fiscal year for stipends and reimbursement of expenses incurred as a member of the Arkansas Veterans' Commission unless: (a) Another member of the Arkansas Veterans' Commission claims less than one thousand dollars ($1,000) in stipends and reimbursement of expenses during the fiscal year; and (b) The chair, subject to the approval of the secretary, authorizes the transfer of the unclaimed funds authorized by subdivision (b)(4)(C)(i) (a) of this section to another member of the Arkansas Veterans' Commission to be used for stipends and reimbursement expenses incurred over the authorized one thousand dollars ($1,000). (ii) However, a member of the Arkansas Veterans' Commission shall not receive more than two thousand five hundred dollars ($2,500) in stipends and reimbursement of expenses in any fiscal year.

(i) A member of the Arkansas Veterans' Commission shall not receive more than one thousand dollars ($1,000) during any fiscal year for stipends and reimbursement of expenses incurred as a member of the Arkansas Veterans' Commission unless: (a) Another member of the Arkansas Veterans' Commission claims less than one thousand dollars ($1,000) in stipends and reimbursement of expenses during the fiscal year; and (b) The chair, subject to the approval of the secretary, authorizes the transfer of the unclaimed funds authorized by subdivision (b)(4)(C)(i) (a) of this section to another member of the Arkansas Veterans' Commission to be used for stipends and reimbursement expenses incurred over the authorized one thousand dollars ($1,000).

(a) Another member of the Arkansas Veterans' Commission claims less than one thousand dollars ($1,000) in stipends and reimbursement of expenses during the fiscal year; and

(b) The chair, subject to the approval of the secretary, authorizes the transfer of the unclaimed funds authorized by subdivision (b)(4)(C)(i) (a) of this section to another member of the Arkansas Veterans' Commission to be used for stipends and reimbursement expenses incurred over the authorized one thousand dollars ($1,000).

(ii) However, a member of the Arkansas Veterans' Commission shall not receive more than two thousand five hundred dollars ($2,500) in stipends and reimbursement of expenses in any fiscal year.

(c) The Arkansas Veterans' Commission shall make recommendations to the secretary for the operation and improvement of the efficiency of the veterans' homes established under § 20-81-105 and the state veterans' cemetery system established under § 20-81-112 .

(d) Quarterly meetings of the Arkansas Veterans' Commission are authorized at the call of the chair.

Amended by Act 2019, No. 910,§ 6333, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6332, eff. 7/1/2019.

Amended by Act 2017, No. 388,§ 1, eff. 8/1/2017.

Acts 1979, No. 324, § 13; A.S.A. 1947, § 11-1422; Acts 1991, No. 670, § 1; 1993, No. 136, § 1; 1997, No. 250, § 210; 1999, No. 634, § 1.
Ark. Code Ann. § 20-28-105 — AR Code / Title 20 / Chapter 28 / Section 20-28-105
Payment of fees
Status: in_force

(a) All fees payable under this chapter shall be due according to the following schedule and shall be payable to the Department of Health: (1) Annual fees of one thousand dollars ($1,000) and less shall be payable in a single payment due on January 1 of each year; (2) Annual fees greater than one thousand dollars ($1,000) and less than five thousand dollars ($5,000) shall be payable in quarterly payments, with the payments due on October 1, January 1, April 1, and July 1 of each year; and (3) Annual fees of five thousand dollars ($5,000) and greater shall be payable in monthly payments, with the first payment due on August 1 of each year. Successive payments shall be due on the first day of each month. (b) All water systems issuing regular water bills for water service may recover the cost of the fees stated in § 20-28-104 by one (1) of the following methods: (1) Assessing a direct charge on each bill of not more than forty cents (40¢) per month per service connection; or (2) (A) Apportioning the total amount of the annual fee charged to the water system among its customers in any manner that the water system determines to be more equitable. (B) However, a charge in excess of forty cents (40¢) per month per service shall not be charged for any service through which water is provided to another community public water system. (c) The charge shall be labeled, "FEE FOR FEDERAL SAFE DRINKING WATER ACT COMPLIANCE", and shall not be considered as a part of the water rates of the respective water systems. The fee shall be established by the State Board of Health to assure implementation of this chapter. Amended by Act 2019, No. 788,§ 2, eff. 7/24/2019. Acts 1987, No. 95, § 4; 1991, No. 1053, § 1; 1993, No. 903, § 1; 2007, No. 292, § 2.

(a) All fees payable under this chapter shall be due according to the following schedule and shall be payable to the Department of Health: (1) Annual fees of one thousand dollars ($1,000) and less shall be payable in a single payment due on January 1 of each year; (2) Annual fees greater than one thousand dollars ($1,000) and less than five thousand dollars ($5,000) shall be payable in quarterly payments, with the payments due on October 1, January 1, April 1, and July 1 of each year; and (3) Annual fees of five thousand dollars ($5,000) and greater shall be payable in monthly payments, with the first payment due on August 1 of each year. Successive payments shall be due on the first day of each month.

(1) Annual fees of one thousand dollars ($1,000) and less shall be payable in a single payment due on January 1 of each year;

(2) Annual fees greater than one thousand dollars ($1,000) and less than five thousand dollars ($5,000) shall be payable in quarterly payments, with the payments due on October 1, January 1, April 1, and July 1 of each year; and

(3) Annual fees of five thousand dollars ($5,000) and greater shall be payable in monthly payments, with the first payment due on August 1 of each year. Successive payments shall be due on the first day of each month.

(b) All water systems issuing regular water bills for water service may recover the cost of the fees stated in § 20-28-104 by one (1) of the following methods: (1) Assessing a direct charge on each bill of not more than forty cents (40¢) per month per service connection; or (2) (A) Apportioning the total amount of the annual fee charged to the water system among its customers in any manner that the water system determines to be more equitable. (B) However, a charge in excess of forty cents (40¢) per month per service shall not be charged for any service through which water is provided to another community public water system.

(1) Assessing a direct charge on each bill of not more than forty cents (40¢) per month per service connection; or

(2) (A) Apportioning the total amount of the annual fee charged to the water system among its customers in any manner that the water system determines to be more equitable. (B) However, a charge in excess of forty cents (40¢) per month per service shall not be charged for any service through which water is provided to another community public water system.

(A) Apportioning the total amount of the annual fee charged to the water system among its customers in any manner that the water system determines to be more equitable.

(B) However, a charge in excess of forty cents (40¢) per month per service shall not be charged for any service through which water is provided to another community public water system.

(c) The charge shall be labeled, "FEE FOR FEDERAL SAFE DRINKING WATER ACT COMPLIANCE", and shall not be considered as a part of the water rates of the respective water systems. The fee shall be established by the State Board of Health to assure implementation of this chapter.

Amended by Act 2019, No. 788,§ 2, eff. 7/24/2019.

Acts 1987, No. 95, § 4; 1991, No. 1053, § 1; 1993, No. 903, § 1; 2007, No. 292, § 2.
Ark. Code Ann. § 20-6-105 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-105
Designation of surrogate
Status: in_force

(a) (1) An adult, married minor, or emancipated minor may designate an individual to act as surrogate by personally informing the supervising healthcare provider. (2) The designation may be oral or written. (b) A surrogate may make a healthcare decision for a principal who is an adult or emancipated minor only if: (1) The principal has been determined by a licensed physician to lack capacity; and (2) An agent or guardian has not been appointed or the agent or guardian is not reasonably available. (c) (1) The supervising healthcare provider shall identify a surrogate for the principal and document the appointment in the clinical record of the institution or institutions at which the principal is receiving health care if the principal: (A) Lacks capacity; (B) Has not appointed an agent or the agent is not reasonably available; (C) Has not designated a surrogate or the surrogate is not reasonably available; and (D) Does not have a guardian or the guardian is not reasonably available. (2) (A) The principal's surrogate shall be an adult who: (i) Has exhibited special care and concern for the principal; (ii) Is familiar with the principal's personal values; (iii) Is reasonably available; and (iv) Is willing to serve. (B) A person who is the subject of a protective order or other court order that directs that person to avoid contact with the principal is not eligible to serve as the principal's surrogate. (3) In identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider: (A) Shall consider the proposed surrogate's: (i) Ability to make decisions either in accordance with the known wishes of the principal or in accordance with the principal's best interests; (ii) Frequency of contact with the principal before and during the incapacitating illness; and (iii) Demonstrated care and concern; and (B) May consider the proposed surrogate's: (i) Availability to visit the principal during his or her illness; and (ii) Availability to fully participate in the decision-making process. (4) When identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider may proceed in order of descending preference for service as a surrogate to: (A) The principal's spouse, unless legally separated; (B) The principal's adult child; (C) The principal's parent; (D) The principal's adult sibling; (E) Any other adult relative of the principal; or (F) Any other adult person who satisfies the requirements of subdivision (c)(2) of this section. (5) If none of the individuals eligible to act as a surrogate under this subsection are reasonably available and informed consent would typically be sought from the principal, the supervising healthcare provider may make healthcare decisions for the principal after the supervising healthcare provider: (A) Consults with and obtains the recommendations of an institution's ethics officers or ethics committee; or (B) Obtains concurrence from a second physician who is: (i) Not directly involved in the principal's health care; (ii) Does not serve in a capacity of decision making, influence, or responsibility over the designated physician; and (iii) Does not serve in a capacity under the authority of the designated physician's decision making, influence, or responsibility. (6) (A) In the event of a challenge to the identification of the surrogate or the authority of the surrogate to act, it is a rebuttable presumption that the selection of the surrogate was valid. (B) A person who challenges the selection of the surrogate has the burden of proving the invalidity of that selection by a preponderance of the evidence. (d) (1) Except as provided in subdivision (d)(2) of this section: (A) Neither the treating healthcare provider nor an employee of the treating healthcare provider, nor an operator of a healthcare institution, nor an employee of an operator of a healthcare institution may be designated as a surrogate; and (B) A healthcare provider or employee of a healthcare provider may not act as a surrogate if the healthcare provider becomes the principal's treating healthcare provider. (2) An employee of the treating healthcare provider or an employee of an operator of a healthcare institution may be designated as a surrogate if: (A) The employee so designated is a relative of the principal by blood, marriage, or adoption; and (B) The other requirements of this section are satisfied. (e) A healthcare provider may require an individual claiming the right to act as surrogate for a principal to provide a written declaration under penalty of perjury stating facts and circumstances reasonably sufficient to establish the claimed authority. Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) (1) An adult, married minor, or emancipated minor may designate an individual to act as surrogate by personally informing the supervising healthcare provider. (2) The designation may be oral or written.

(1) An adult, married minor, or emancipated minor may designate an individual to act as surrogate by personally informing the supervising healthcare provider.

(2) The designation may be oral or written.

(b) A surrogate may make a healthcare decision for a principal who is an adult or emancipated minor only if: (1) The principal has been determined by a licensed physician to lack capacity; and (2) An agent or guardian has not been appointed or the agent or guardian is not reasonably available.

(1) The principal has been determined by a licensed physician to lack capacity; and

(2) An agent or guardian has not been appointed or the agent or guardian is not reasonably available.

(c) (1) The supervising healthcare provider shall identify a surrogate for the principal and document the appointment in the clinical record of the institution or institutions at which the principal is receiving health care if the principal: (A) Lacks capacity; (B) Has not appointed an agent or the agent is not reasonably available; (C) Has not designated a surrogate or the surrogate is not reasonably available; and (D) Does not have a guardian or the guardian is not reasonably available. (2) (A) The principal's surrogate shall be an adult who: (i) Has exhibited special care and concern for the principal; (ii) Is familiar with the principal's personal values; (iii) Is reasonably available; and (iv) Is willing to serve. (B) A person who is the subject of a protective order or other court order that directs that person to avoid contact with the principal is not eligible to serve as the principal's surrogate. (3) In identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider: (A) Shall consider the proposed surrogate's: (i) Ability to make decisions either in accordance with the known wishes of the principal or in accordance with the principal's best interests; (ii) Frequency of contact with the principal before and during the incapacitating illness; and (iii) Demonstrated care and concern; and (B) May consider the proposed surrogate's: (i) Availability to visit the principal during his or her illness; and (ii) Availability to fully participate in the decision-making process. (4) When identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider may proceed in order of descending preference for service as a surrogate to: (A) The principal's spouse, unless legally separated; (B) The principal's adult child; (C) The principal's parent; (D) The principal's adult sibling; (E) Any other adult relative of the principal; or (F) Any other adult person who satisfies the requirements of subdivision (c)(2) of this section. (5) If none of the individuals eligible to act as a surrogate under this subsection are reasonably available and informed consent would typically be sought from the principal, the supervising healthcare provider may make healthcare decisions for the principal after the supervising healthcare provider: (A) Consults with and obtains the recommendations of an institution's ethics officers or ethics committee; or (B) Obtains concurrence from a second physician who is: (i) Not directly involved in the principal's health care; (ii) Does not serve in a capacity of decision making, influence, or responsibility over the designated physician; and (iii) Does not serve in a capacity under the authority of the designated physician's decision making, influence, or responsibility. (6) (A) In the event of a challenge to the identification of the surrogate or the authority of the surrogate to act, it is a rebuttable presumption that the selection of the surrogate was valid. (B) A person who challenges the selection of the surrogate has the burden of proving the invalidity of that selection by a preponderance of the evidence.

(1) The supervising healthcare provider shall identify a surrogate for the principal and document the appointment in the clinical record of the institution or institutions at which the principal is receiving health care if the principal: (A) Lacks capacity; (B) Has not appointed an agent or the agent is not reasonably available; (C) Has not designated a surrogate or the surrogate is not reasonably available; and (D) Does not have a guardian or the guardian is not reasonably available.

(A) Lacks capacity;

(B) Has not appointed an agent or the agent is not reasonably available;

(C) Has not designated a surrogate or the surrogate is not reasonably available; and

(D) Does not have a guardian or the guardian is not reasonably available.

(2) (A) The principal's surrogate shall be an adult who: (i) Has exhibited special care and concern for the principal; (ii) Is familiar with the principal's personal values; (iii) Is reasonably available; and (iv) Is willing to serve. (B) A person who is the subject of a protective order or other court order that directs that person to avoid contact with the principal is not eligible to serve as the principal's surrogate.

(A) The principal's surrogate shall be an adult who: (i) Has exhibited special care and concern for the principal; (ii) Is familiar with the principal's personal values; (iii) Is reasonably available; and (iv) Is willing to serve.

(i) Has exhibited special care and concern for the principal;

(ii) Is familiar with the principal's personal values;

(iii) Is reasonably available; and

(iv) Is willing to serve.

(B) A person who is the subject of a protective order or other court order that directs that person to avoid contact with the principal is not eligible to serve as the principal's surrogate.

(3) In identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider: (A) Shall consider the proposed surrogate's: (i) Ability to make decisions either in accordance with the known wishes of the principal or in accordance with the principal's best interests; (ii) Frequency of contact with the principal before and during the incapacitating illness; and (iii) Demonstrated care and concern; and (B) May consider the proposed surrogate's: (i) Availability to visit the principal during his or her illness; and (ii) Availability to fully participate in the decision-making process.

(A) Shall consider the proposed surrogate's: (i) Ability to make decisions either in accordance with the known wishes of the principal or in accordance with the principal's best interests; (ii) Frequency of contact with the principal before and during the incapacitating illness; and (iii) Demonstrated care and concern; and

(i) Ability to make decisions either in accordance with the known wishes of the principal or in accordance with the principal's best interests;

(ii) Frequency of contact with the principal before and during the incapacitating illness; and

(iii) Demonstrated care and concern; and

(B) May consider the proposed surrogate's: (i) Availability to visit the principal during his or her illness; and (ii) Availability to fully participate in the decision-making process.

(i) Availability to visit the principal during his or her illness; and

(ii) Availability to fully participate in the decision-making process.

(4) When identifying the person best qualified to serve as the surrogate for the principal, the supervising healthcare provider may proceed in order of descending preference for service as a surrogate to: (A) The principal's spouse, unless legally separated; (B) The principal's adult child; (C) The principal's parent; (D) The principal's adult sibling; (E) Any other adult relative of the principal; or (F) Any other adult person who satisfies the requirements of subdivision (c)(2) of this section.

(A) The principal's spouse, unless legally separated;

(B) The principal's adult child;

(C) The principal's parent;

(D) The principal's adult sibling;

(E) Any other adult relative of the principal; or

(F) Any other adult person who satisfies the requirements of subdivision (c)(2) of this section.

(5) If none of the individuals eligible to act as a surrogate under this subsection are reasonably available and informed consent would typically be sought from the principal, the supervising healthcare provider may make healthcare decisions for the principal after the supervising healthcare provider: (A) Consults with and obtains the recommendations of an institution's ethics officers or ethics committee; or (B) Obtains concurrence from a second physician who is: (i) Not directly involved in the principal's health care; (ii) Does not serve in a capacity of decision making, influence, or responsibility over the designated physician; and (iii) Does not serve in a capacity under the authority of the designated physician's decision making, influence, or responsibility.

(A) Consults with and obtains the recommendations of an institution's ethics officers or ethics committee; or

(B) Obtains concurrence from a second physician who is: (i) Not directly involved in the principal's health care; (ii) Does not serve in a capacity of decision making, influence, or responsibility over the designated physician; and (iii) Does not serve in a capacity under the authority of the designated physician's decision making, influence, or responsibility.

(i) Not directly involved in the principal's health care;

(ii) Does not serve in a capacity of decision making, influence, or responsibility over the designated physician; and

(iii) Does not serve in a capacity under the authority of the designated physician's decision making, influence, or responsibility.

(6) (A) In the event of a challenge to the identification of the surrogate or the authority of the surrogate to act, it is a rebuttable presumption that the selection of the surrogate was valid. (B) A person who challenges the selection of the surrogate has the burden of proving the invalidity of that selection by a preponderance of the evidence.

(A) In the event of a challenge to the identification of the surrogate or the authority of the surrogate to act, it is a rebuttable presumption that the selection of the surrogate was valid.

(B) A person who challenges the selection of the surrogate has the burden of proving the invalidity of that selection by a preponderance of the evidence.

(d) (1) Except as provided in subdivision (d)(2) of this section: (A) Neither the treating healthcare provider nor an employee of the treating healthcare provider, nor an operator of a healthcare institution, nor an employee of an operator of a healthcare institution may be designated as a surrogate; and (B) A healthcare provider or employee of a healthcare provider may not act as a surrogate if the healthcare provider becomes the principal's treating healthcare provider. (2) An employee of the treating healthcare provider or an employee of an operator of a healthcare institution may be designated as a surrogate if: (A) The employee so designated is a relative of the principal by blood, marriage, or adoption; and (B) The other requirements of this section are satisfied.

(1) Except as provided in subdivision (d)(2) of this section: (A) Neither the treating healthcare provider nor an employee of the treating healthcare provider, nor an operator of a healthcare institution, nor an employee of an operator of a healthcare institution may be designated as a surrogate; and (B) A healthcare provider or employee of a healthcare provider may not act as a surrogate if the healthcare provider becomes the principal's treating healthcare provider.

(A) Neither the treating healthcare provider nor an employee of the treating healthcare provider, nor an operator of a healthcare institution, nor an employee of an operator of a healthcare institution may be designated as a surrogate; and

(B) A healthcare provider or employee of a healthcare provider may not act as a surrogate if the healthcare provider becomes the principal's treating healthcare provider.

(2) An employee of the treating healthcare provider or an employee of an operator of a healthcare institution may be designated as a surrogate if: (A) The employee so designated is a relative of the principal by blood, marriage, or adoption; and (B) The other requirements of this section are satisfied.

(A) The employee so designated is a relative of the principal by blood, marriage, or adoption; and

(B) The other requirements of this section are satisfied.

(e) A healthcare provider may require an individual claiming the right to act as surrogate for a principal to provide a written declaration under penalty of perjury stating facts and circumstances reasonably sufficient to establish the claimed authority.

Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-20-207 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-207
Licenses - Classification - Standards
Status: in_force

(a) (1) The State Plant Board may classify or subclassify commercial and noncommercial licenses to be issued under this subchapter as may be necessary for the effective administration and enforcement of this subchapter. The classifications may include, but not be limited to: (A) Agricultural; (B) Right-of-way; (C) Forest; (D) Aquatic; and (E) Regulatory pesticide applicators. (2) Separate subclassifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides or as to the use of pesticides to control insects, plant diseases, rodents, or weeds. (3) Each classification shall be subject to separate testing procedures and requirements. (b) (1) The board in promulgating rules under this subchapter shall prescribe standards for the licensing of applicators of pesticides. (2) The standards shall relate to the use and handling of the pesticides or to the use and handling of the pesticide or class of pesticide covered by the individual's license and shall be relative to the hazards involved. (3) In determining standards, the board shall consider: (A) The characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration; (B) The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; (C) The relative hazards of patterns of use such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and (D) The extent of the intended use. (c) Further, the board is authorized to adopt standards in conformance with and at least equal to those prescribed by the United States Environmental Protection Agency and such additional standards as it deems necessary. Amended by Act 2019, No. 315,§ 1986, eff. 7/24/2019. Acts 1975, No. 389, § 6; A.S.A. 1947, § 77-256.

(a) (1) The State Plant Board may classify or subclassify commercial and noncommercial licenses to be issued under this subchapter as may be necessary for the effective administration and enforcement of this subchapter. The classifications may include, but not be limited to: (A) Agricultural; (B) Right-of-way; (C) Forest; (D) Aquatic; and (E) Regulatory pesticide applicators. (2) Separate subclassifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides or as to the use of pesticides to control insects, plant diseases, rodents, or weeds. (3) Each classification shall be subject to separate testing procedures and requirements.

(1) The State Plant Board may classify or subclassify commercial and noncommercial licenses to be issued under this subchapter as may be necessary for the effective administration and enforcement of this subchapter. The classifications may include, but not be limited to: (A) Agricultural; (B) Right-of-way; (C) Forest; (D) Aquatic; and (E) Regulatory pesticide applicators.

(A) Agricultural;

(B) Right-of-way;

(C) Forest;

(D) Aquatic; and

(E) Regulatory pesticide applicators.

(2) Separate subclassifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides or as to the use of pesticides to control insects, plant diseases, rodents, or weeds.

(3) Each classification shall be subject to separate testing procedures and requirements.

(b) (1) The board in promulgating rules under this subchapter shall prescribe standards for the licensing of applicators of pesticides. (2) The standards shall relate to the use and handling of the pesticides or to the use and handling of the pesticide or class of pesticide covered by the individual's license and shall be relative to the hazards involved. (3) In determining standards, the board shall consider: (A) The characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration; (B) The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; (C) The relative hazards of patterns of use such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and (D) The extent of the intended use.

(1) The board in promulgating rules under this subchapter shall prescribe standards for the licensing of applicators of pesticides.

(2) The standards shall relate to the use and handling of the pesticides or to the use and handling of the pesticide or class of pesticide covered by the individual's license and shall be relative to the hazards involved.

(3) In determining standards, the board shall consider: (A) The characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration; (B) The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; (C) The relative hazards of patterns of use such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and (D) The extent of the intended use.

(A) The characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration;

(B) The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;

(C) The relative hazards of patterns of use such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and

(D) The extent of the intended use.

(c) Further, the board is authorized to adopt standards in conformance with and at least equal to those prescribed by the United States Environmental Protection Agency and such additional standards as it deems necessary.

Amended by Act 2019, No. 315,§ 1986, eff. 7/24/2019.

Acts 1975, No. 389, § 6; A.S.A. 1947, § 77-256.
Ark. Code Ann. § 20-16-2301 — AR Code / Title 20 / Chapter 16 / Subchapter 23 / Section 20-16-2301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Perinatal Palliative Care Information Act". Acts 2019, No. 953, § 1, eff. 7/24/2020.

This subchapter shall be known and may be cited as the "Perinatal Palliative Care Information Act".

Acts 2019, No. 953, § 1, eff. 7/24/2020.
Ark. Code Ann. § 20-13-401 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-401
Title
Status: in_force

This subchapter shall be known and cited as the "Insect Sting and Other Allergic Reactions Emergency Treatment Act". Acts 1983, No. 436, § 1; A.S.A. 1947, § 82-4501; Acts 2009, No. 684, § 1.

This subchapter shall be known and cited as the "Insect Sting and Other Allergic Reactions Emergency Treatment Act".

Acts 1983, No. 436, § 1; A.S.A. 1947, § 82-4501; Acts 2009, No. 684, § 1.
Ark. Code Ann. § 20-10-1003 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1003
Residents' rights
Status: in_force

(a) A long-term care facility shall protect and promote the rights, benefits, or privileges guaranteed by law, the United States Constitution, and the Arkansas Constitution for all residents. (b) The Department of Human Services shall promulgate through rules a residents' bill of rights, which shall include provisions addressing each of the following as a minimum statement of residents' rights. The department may place restrictions or limitations on any right listed in this subsection when the restriction or limitation is necessary to protect the health, welfare, or safety of the resident or other residents: (1) The right to exercise all constitutional and legal rights; (2) The right to a safe and clean environment; (3) The right to dignity and respect; (4) The right to nursing and medical care; (5) The right to personal cleanliness; (6) The right to choose at the resident's own expense a personal physician and pharmacist; (7) The right to have knowledge of and input into medical treatment, records, and plan of care; (8) The right to refuse experimental treatment; (9) The right to confidentiality of medical records; (10) (A) The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms. (B) Restraints may be imposed only to ensure the physical safety of the resident or of other residents and only upon the written order of a physician that specifies the duration for which and circumstances under which the restraints are to be used, except for emergency conditions until such an order could reasonably be obtained; (11) The right to exercise civil liberties, including the right to vote; (12) The right to the free exercise of religion, including the right to rely on spiritual means for treatment; (13) The right to privacy, including the right to refuse being photographed by persons other than those licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (14) The right to personal clothing and belongings; (15) The right to personal financial information; and (16) The right to direct whether to receive nutrition or hydration. (c) The department shall prescribe a procedure to be followed by all long-term care facilities for prompt reporting of violations of residents' rights and resolution of grievances. (d) The long-term care facility shall furnish a copy of the residents' bill of rights to each resident or resident's representative at the time of admission and to each employee of the facility. A written acknowledgment of receipt shall be included by the facility in the resident's file and personnel file of each employee. (e) (1) Failure to comply with the provisions of this section or verified violations of residents' rights shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. (2) Any appeal shall be under the procedure set forth in § 20-10-208 . (f) A second or subsequent offense, for purposes of determining a penalty amount, means a violation of the same right previously violated although it need not have been committed by the same employee of the facility or against the same resident. (g) The department shall prescribe through rules a synopsis of the residents' bill of rights which shall be posted at all times in a conspicuous location accessible to residents and the public in the facility. Amended by Act 2021, No. 1017,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1893, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1892, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 17, § 1; 1989, No. 33, § 1; 2003, No. 1322, § 1.

(a) A long-term care facility shall protect and promote the rights, benefits, or privileges guaranteed by law, the United States Constitution, and the Arkansas Constitution for all residents.

(b) The Department of Human Services shall promulgate through rules a residents' bill of rights, which shall include provisions addressing each of the following as a minimum statement of residents' rights. The department may place restrictions or limitations on any right listed in this subsection when the restriction or limitation is necessary to protect the health, welfare, or safety of the resident or other residents: (1) The right to exercise all constitutional and legal rights; (2) The right to a safe and clean environment; (3) The right to dignity and respect; (4) The right to nursing and medical care; (5) The right to personal cleanliness; (6) The right to choose at the resident's own expense a personal physician and pharmacist; (7) The right to have knowledge of and input into medical treatment, records, and plan of care; (8) The right to refuse experimental treatment; (9) The right to confidentiality of medical records; (10) (A) The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms. (B) Restraints may be imposed only to ensure the physical safety of the resident or of other residents and only upon the written order of a physician that specifies the duration for which and circumstances under which the restraints are to be used, except for emergency conditions until such an order could reasonably be obtained; (11) The right to exercise civil liberties, including the right to vote; (12) The right to the free exercise of religion, including the right to rely on spiritual means for treatment; (13) The right to privacy, including the right to refuse being photographed by persons other than those licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (14) The right to personal clothing and belongings; (15) The right to personal financial information; and (16) The right to direct whether to receive nutrition or hydration.

(1) The right to exercise all constitutional and legal rights;

(2) The right to a safe and clean environment;

(3) The right to dignity and respect;

(4) The right to nursing and medical care;

(5) The right to personal cleanliness;

(6) The right to choose at the resident's own expense a personal physician and pharmacist;

(7) The right to have knowledge of and input into medical treatment, records, and plan of care;

(8) The right to refuse experimental treatment;

(9) The right to confidentiality of medical records;

(10) (A) The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms. (B) Restraints may be imposed only to ensure the physical safety of the resident or of other residents and only upon the written order of a physician that specifies the duration for which and circumstances under which the restraints are to be used, except for emergency conditions until such an order could reasonably be obtained;

(A) The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms.

(B) Restraints may be imposed only to ensure the physical safety of the resident or of other residents and only upon the written order of a physician that specifies the duration for which and circumstances under which the restraints are to be used, except for emergency conditions until such an order could reasonably be obtained;

(11) The right to exercise civil liberties, including the right to vote;

(12) The right to the free exercise of religion, including the right to rely on spiritual means for treatment;

(13) The right to privacy, including the right to refuse being photographed by persons other than those licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.;

(14) The right to personal clothing and belongings;

(15) The right to personal financial information; and

(16) The right to direct whether to receive nutrition or hydration.

(c) The department shall prescribe a procedure to be followed by all long-term care facilities for prompt reporting of violations of residents' rights and resolution of grievances.

(d) The long-term care facility shall furnish a copy of the residents' bill of rights to each resident or resident's representative at the time of admission and to each employee of the facility. A written acknowledgment of receipt shall be included by the facility in the resident's file and personnel file of each employee.

(e) (1) Failure to comply with the provisions of this section or verified violations of residents' rights shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. (2) Any appeal shall be under the procedure set forth in § 20-10-208 .

(1) Failure to comply with the provisions of this section or verified violations of residents' rights shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.

(2) Any appeal shall be under the procedure set forth in § 20-10-208 .

(f) A second or subsequent offense, for purposes of determining a penalty amount, means a violation of the same right previously violated although it need not have been committed by the same employee of the facility or against the same resident.

(g) The department shall prescribe through rules a synopsis of the residents' bill of rights which shall be posted at all times in a conspicuous location accessible to residents and the public in the facility.

Amended by Act 2021, No. 1017,§ 7, eff. 7/28/2021.

Amended by Act 2021, No. 1017,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1893, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1892, eff. 7/24/2019.

Acts 1988 (4th Ex. Sess.), No. 17, § 1; 1989, No. 33, § 1; 2003, No. 1322, § 1.
Ark. Code Ann. § 20-8-110 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-110
Collection and dissemination of health data
Status: in_force

(a) The Health Services Permit Agency shall act as a statewide health data clearinghouse for the acquisition and dissemination of data from healthcare providers, the Arkansas Medicaid Program, third-party payors, state agencies, and other appropriate sources in furtherance of this section. (b) All state agencies having information with regard to health matters shall make available to the Health Services Permit Agency such health data as is necessary for the Health Services Permit Commission to carry out its responsibilities. (c) All health facilities requiring a permit of approval by the state shall submit annually a report of utilization statistics as may be required by the Health Services Permit Agency. (d) The Insurance Commissioner shall require all third-party payors, including, but not limited to, licensed insurers, medical and hospital service corporations, health maintenance organizations, and self-funded employee health plans, to provide the commission with claims data for health matters. (e) State agencies which survey hospitals, home health agencies, outpatient surgery centers, or nursing homes for licensure or certification shall annually report to the Health Services Permit Agency on the surveys of the various facilities. The annual report shall list facilities by name with patient care citations and numbers of serious patient injuries per year by facility. (f) The Director of the Health Services Permit Agency shall be empowered to release data collected pursuant to this section, subject to the following limitations: (1) Data released shall not include any information which could be used to identify any individual patient; and (2) Data released shall not include any information which could be used to associate any of the data with any specific third-party payor. (g) The Secretary of the Department of Health shall prescribe such rules as may be necessary to carry out the purpose of this section. (h) (1) With the advice of the commission, the director shall compile and publish summaries of health data collected by the Health Services Permit Agency. (2) (A) The director shall prepare an annual report of the Health Services Permit Agency's findings and submit the report to the secretary, the General Assembly, and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. (B) The Health Services Permit Agency shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor in the development of information necessary in the examination of healthcare issues. (i) (1) The Health Services Permit Agency may impose a fine on health facilities requiring a permit of approval for failure to timely submit reports of statistics as required by the Health Services Permit Agency. (2) The Health Services Permit Agency may impose a fine of: (A) Up to one hundred dollars ($100) for a report more than thirty (30) days late; (B) Two hundred fifty dollars ($250) for a report more than sixty (60) days late; and (C) Five hundred dollars ($500) for a report more than ninety (90) days late. Amended by Act 2019, No. 315,§ 1825, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4959, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4958, eff. 7/1/2019. Acts 1989, No. 107, §§ 1-4; 1997, No. 179, § 23; 2001, No. 1800, § 14; 2005, No. 1271, §§ 1, 2; 2007, No. 827, § 149; 2007, No. 1589, §§ 1, 2.

(a) The Health Services Permit Agency shall act as a statewide health data clearinghouse for the acquisition and dissemination of data from healthcare providers, the Arkansas Medicaid Program, third-party payors, state agencies, and other appropriate sources in furtherance of this section.

(b) All state agencies having information with regard to health matters shall make available to the Health Services Permit Agency such health data as is necessary for the Health Services Permit Commission to carry out its responsibilities.

(c) All health facilities requiring a permit of approval by the state shall submit annually a report of utilization statistics as may be required by the Health Services Permit Agency.

(d) The Insurance Commissioner shall require all third-party payors, including, but not limited to, licensed insurers, medical and hospital service corporations, health maintenance organizations, and self-funded employee health plans, to provide the commission with claims data for health matters.

(e) State agencies which survey hospitals, home health agencies, outpatient surgery centers, or nursing homes for licensure or certification shall annually report to the Health Services Permit Agency on the surveys of the various facilities. The annual report shall list facilities by name with patient care citations and numbers of serious patient injuries per year by facility.

(f) The Director of the Health Services Permit Agency shall be empowered to release data collected pursuant to this section, subject to the following limitations: (1) Data released shall not include any information which could be used to identify any individual patient; and (2) Data released shall not include any information which could be used to associate any of the data with any specific third-party payor.

(1) Data released shall not include any information which could be used to identify any individual patient; and

(2) Data released shall not include any information which could be used to associate any of the data with any specific third-party payor.

(g) The Secretary of the Department of Health shall prescribe such rules as may be necessary to carry out the purpose of this section.

(h) (1) With the advice of the commission, the director shall compile and publish summaries of health data collected by the Health Services Permit Agency. (2) (A) The director shall prepare an annual report of the Health Services Permit Agency's findings and submit the report to the secretary, the General Assembly, and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. (B) The Health Services Permit Agency shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor in the development of information necessary in the examination of healthcare issues.

(1) With the advice of the commission, the director shall compile and publish summaries of health data collected by the Health Services Permit Agency.

(2) (A) The director shall prepare an annual report of the Health Services Permit Agency's findings and submit the report to the secretary, the General Assembly, and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. (B) The Health Services Permit Agency shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor in the development of information necessary in the examination of healthcare issues.

(A) The director shall prepare an annual report of the Health Services Permit Agency's findings and submit the report to the secretary, the General Assembly, and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

(B) The Health Services Permit Agency shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor in the development of information necessary in the examination of healthcare issues.

(i) (1) The Health Services Permit Agency may impose a fine on health facilities requiring a permit of approval for failure to timely submit reports of statistics as required by the Health Services Permit Agency. (2) The Health Services Permit Agency may impose a fine of: (A) Up to one hundred dollars ($100) for a report more than thirty (30) days late; (B) Two hundred fifty dollars ($250) for a report more than sixty (60) days late; and (C) Five hundred dollars ($500) for a report more than ninety (90) days late.

(1) The Health Services Permit Agency may impose a fine on health facilities requiring a permit of approval for failure to timely submit reports of statistics as required by the Health Services Permit Agency.

(2) The Health Services Permit Agency may impose a fine of: (A) Up to one hundred dollars ($100) for a report more than thirty (30) days late; (B) Two hundred fifty dollars ($250) for a report more than sixty (60) days late; and (C) Five hundred dollars ($500) for a report more than ninety (90) days late.

(A) Up to one hundred dollars ($100) for a report more than thirty (30) days late;

(B) Two hundred fifty dollars ($250) for a report more than sixty (60) days late; and

(C) Five hundred dollars ($500) for a report more than ninety (90) days late.

Amended by Act 2019, No. 315,§ 1825, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4959, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4958, eff. 7/1/2019.

Acts 1989, No. 107, §§ 1-4; 1997, No. 179, § 23; 2001, No. 1800, § 14; 2005, No. 1271, §§ 1, 2; 2007, No. 827, § 149; 2007, No. 1589, §§ 1, 2.
Ark. Code Ann. § 20-14-207 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-207
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 59, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 500, eff. 7/1/2019. Acts 1985, No. 911, § 8; A.S.A. 1947, § 82-2915.

Repealed by Act 2023, No. 365,§ 59, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 500, eff. 7/1/2019.

Acts 1985, No. 911, § 8; A.S.A. 1947, § 82-2915.