Ark. Code Ann. § 20-56-202 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Abandoned drug" means a drug which: (A) Is in the possession or control of a person who is without authority under law to possess, purchase, or sell; (B) In its present circumstances presents a danger to the public health or safety; (C) Is not properly controlled by the person who by law has authority to possess, purchase, or sell the drug; (D) Is the subject of a recall order by the United States Food and Drug Administration but has not been returned within a reasonable time after the publication of that order; (E) Is adulterated, misbranded, or a new drug as defined in this subchapter or a drug intended solely for investigational use and approved by the United States Food and Drug Administration as such for which there is no approval in effect; or (F) Is otherwise rendered unsafe for use as a result of fire, flood, or other natural disaster; (2) "Advertisement" means all representations disseminated in any manner, or by any means other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics; (3) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use which involves prolonged contact with the body; (4) "Board" means the State Board of Health; (5) "Contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary and by all reasonable means, from all foreign or injurious contaminations; (6) "Cosmetic" means: (A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and (B) Articles intended for use as a component of any such articles, except that the term shall not include soap; (7) "Counterfeit substance" means a drug which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who, in fact, manufactured, processed, packed, or distributed the drug and which thereby falsely purports or is represented to be the product of or to have been packed or distributed by another drug manufacturer, processor, packer, or distributor; (8) "Device", except when used in subdivision (16)(B) of this section, and in § 20-56-209(6) , § 20-56-211(3) , § 20-56-213(3) , and § 20-56-215 , means instruments, apparatus, and contrivances, including their components, parts, and accessories which are intended: (A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (B) To affect the structure or any function of the bodies of humans or other animals; (9) "Drug" means: (A) Articles recognized in the official United States Pharmacopoeia , the official Homeopathic Pharmacopoeia of the United States , the official National Formulary , or in any supplement to any of them; (B) Articles intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (C) Articles other than food intended to affect the structure or any function of the bodies of humans or other animals; and (D) Articles intended for use as a component of any article specified in subdivisions (9)(A)-(C) of this section, but does not include devices or their components, parts, or accessories; (10) "Federal act" means the Federal Food, Drug, and Cosmetic Act; (11) "Food" means: (A) Articles used for food or drink for humans or other animals; (B) Chewing gum; and (C) Articles used for components of any such article; (12) "Human growth hormone" means somatrem, somatropin, or an analogue of either of them; (13) "Human growth hormone" includes both cadaver source and biosynthetic human growth hormones; (14) "Immediate container" does not include package liners; (15) "Label" means a display of written, printed, or graphic matter upon the immediate container of any article. A requirement made by or under authority of this subchapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if there is any, of the retail package of the article, or is easily legible through the outside container or wrapper; (16) (A) "Labeling" means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying the article. (B) If any article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual; (17) "New drug" means: (A) Any drug the composition of which is such that the drug is not generally recognized among experts who are qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (B) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions; (18) "Official compendium" means the official United States Pharmacopoeia , the official Homeopathic Pharmacopoeia of the United States , the official National Formulary , or any supplement to any of them; and (19) "Person" includes an individual, partnership, corporation, or association. Acts 1953, No. 415, § 2; A.S.A. 1947, § 82-1102; Acts 1989, No. 249, § 1; 1991, No. 569, § 1; 1991, No. 924, § 1.

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

(1) "Abandoned drug" means a drug which: (A) Is in the possession or control of a person who is without authority under law to possess, purchase, or sell; (B) In its present circumstances presents a danger to the public health or safety; (C) Is not properly controlled by the person who by law has authority to possess, purchase, or sell the drug; (D) Is the subject of a recall order by the United States Food and Drug Administration but has not been returned within a reasonable time after the publication of that order; (E) Is adulterated, misbranded, or a new drug as defined in this subchapter or a drug intended solely for investigational use and approved by the United States Food and Drug Administration as such for which there is no approval in effect; or (F) Is otherwise rendered unsafe for use as a result of fire, flood, or other natural disaster;

(A) Is in the possession or control of a person who is without authority under law to possess, purchase, or sell;

(B) In its present circumstances presents a danger to the public health or safety;

(C) Is not properly controlled by the person who by law has authority to possess, purchase, or sell the drug;

(D) Is the subject of a recall order by the United States Food and Drug Administration but has not been returned within a reasonable time after the publication of that order;

(E) Is adulterated, misbranded, or a new drug as defined in this subchapter or a drug intended solely for investigational use and approved by the United States Food and Drug Administration as such for which there is no approval in effect; or

(F) Is otherwise rendered unsafe for use as a result of fire, flood, or other natural disaster;

(2) "Advertisement" means all representations disseminated in any manner, or by any means other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics;

(3) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use which involves prolonged contact with the body;

(4) "Board" means the State Board of Health;

(5) "Contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary and by all reasonable means, from all foreign or injurious contaminations;

(6) "Cosmetic" means: (A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and (B) Articles intended for use as a component of any such articles, except that the term shall not include soap;

(A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and

(B) Articles intended for use as a component of any such articles, except that the term shall not include soap;

(7) "Counterfeit substance" means a drug which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who, in fact, manufactured, processed, packed, or distributed the drug and which thereby falsely purports or is represented to be the product of or to have been packed or distributed by another drug manufacturer, processor, packer, or distributor;

(8) "Device", except when used in subdivision (16)(B) of this section, and in § 20-56-209(6) , § 20-56-211(3) , § 20-56-213(3) , and § 20-56-215 , means instruments, apparatus, and contrivances, including their components, parts, and accessories which are intended: (A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (B) To affect the structure or any function of the bodies of humans or other animals;

(A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or

(B) To affect the structure or any function of the bodies of humans or other animals;

(9) "Drug" means: (A) Articles recognized in the official United States Pharmacopoeia , the official Homeopathic Pharmacopoeia of the United States , the official National Formulary , or in any supplement to any of them; (B) Articles intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (C) Articles other than food intended to affect the structure or any function of the bodies of humans or other animals; and (D) Articles intended for use as a component of any article specified in subdivisions (9)(A)-(C) of this section, but does not include devices or their components, parts, or accessories;

(A) Articles recognized in the official United States Pharmacopoeia , the official Homeopathic Pharmacopoeia of the United States , the official National Formulary , or in any supplement to any of them;

(B) Articles intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(C) Articles other than food intended to affect the structure or any function of the bodies of humans or other animals; and

(D) Articles intended for use as a component of any article specified in subdivisions (9)(A)-(C) of this section, but does not include devices or their components, parts, or accessories;

(10) "Federal act" means the Federal Food, Drug, and Cosmetic Act;

(11) "Food" means: (A) Articles used for food or drink for humans or other animals; (B) Chewing gum; and (C) Articles used for components of any such article;

(A) Articles used for food or drink for humans or other animals;

(B) Chewing gum; and

(C) Articles used for components of any such article;

(12) "Human growth hormone" means somatrem, somatropin, or an analogue of either of them;

(13) "Human growth hormone" includes both cadaver source and biosynthetic human growth hormones;

(14) "Immediate container" does not include package liners;

(15) "Label" means a display of written, printed, or graphic matter upon the immediate container of any article. A requirement made by or under authority of this subchapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if there is any, of the retail package of the article, or is easily legible through the outside container or wrapper;

(16) (A) "Labeling" means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying the article. (B) If any article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;

(A) "Labeling" means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying the article.

(B) If any article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;

(17) "New drug" means: (A) Any drug the composition of which is such that the drug is not generally recognized among experts who are qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (B) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions;

(A) Any drug the composition of which is such that the drug is not generally recognized among experts who are qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or

(B) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions;

(18) "Official compendium" means the official United States Pharmacopoeia , the official Homeopathic Pharmacopoeia of the United States , the official National Formulary , or any supplement to any of them; and

(19) "Person" includes an individual, partnership, corporation, or association.

Acts 1953, No. 415, § 2; A.S.A. 1947, § 82-1102; Acts 1989, No. 249, § 1; 1991, No. 569, § 1; 1991, No. 924, § 1.
Ark. Code Ann. § 20-49-205 — AR Code / Title 20 / Chapter 49 / Subchapter 2 / Section 20-49-205
Method of sterilization
Status: in_force

If the petition is granted, the court may order that the incompetent be sterilized by X-ray or by vasectomy, in the case of a male incompetent person, or salpingectomy, in the case of a female incompetent person, or other procedure as at the time may constitute a procedure generally accepted by the medical profession, by a licensed medical practitioner at a licensed hospital. Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

If the petition is granted, the court may order that the incompetent be sterilized by X-ray or by vasectomy, in the case of a male incompetent person, or salpingectomy, in the case of a female incompetent person, or other procedure as at the time may constitute a procedure generally accepted by the medical profession, by a licensed medical practitioner at a licensed hospital.

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-47-707 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-707
Multiagency plan of services
Status: in_force

Each multiagency plan of services shall: (1) Be consistent with the results of the standardized screening and assessment established by Medicaid rules; (2) Provide for collaboration among the child, the persons or entities responsible for the child's care and custody, and the providers of behavioral healthcare services for the child; and (3) Be appropriate to meet the behavioral healthcare needs of the child as defined by the assessment. Acts 2007, No. 1593, § 1.

Each multiagency plan of services shall:

(1) Be consistent with the results of the standardized screening and assessment established by Medicaid rules;

(2) Provide for collaboration among the child, the persons or entities responsible for the child's care and custody, and the providers of behavioral healthcare services for the child; and

(3) Be appropriate to meet the behavioral healthcare needs of the child as defined by the assessment.

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-16-601 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-601
Refusal to perform, participate, consent, or submit
Status: in_force

(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy. The refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person nor a basis for any disciplinary or any other recriminatory action against him or her. (b) No hospital, hospital director, or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit the procedures shall not be grounds for civil liability to any person nor a basis for any disciplinary or other recriminatory action against it by the state or any person. (c) The refusal of any person to submit to an abortion or to give consent for an abortion shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall submission to an abortion or the granting of consent for an abortion be a condition precedent to the receipt of any public benefits. Acts 1969, No. 61, § 8; A.S.A. 1947, § 41-2560.

(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy. The refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person nor a basis for any disciplinary or any other recriminatory action against him or her.

(b) No hospital, hospital director, or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit the procedures shall not be grounds for civil liability to any person nor a basis for any disciplinary or other recriminatory action against it by the state or any person.

(c) The refusal of any person to submit to an abortion or to give consent for an abortion shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall submission to an abortion or the granting of consent for an abortion be a condition precedent to the receipt of any public benefits.

Acts 1969, No. 61, § 8; A.S.A. 1947, § 41-2560.
Ark. Code Ann. § 20-10-809 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-809
Issuance of licenses
Status: in_force

(a) (1) The Director of the Division of Health Facilities Services shall issue licenses for the operation of home healthcare services agencies which are found to comply with this subchapter and with the rules of the State Board of Health. (2) The director shall also issue licenses for the operation of subunits of a home healthcare services agency. (b) Licenses shall be issued to the entity and persons listed in the application for licensure and shall not be transferable. Amended by Act 2019, No. 315,§ 1885, eff. 7/24/2019. Acts 1987, No. 956, § 4.

(a) (1) The Director of the Division of Health Facilities Services shall issue licenses for the operation of home healthcare services agencies which are found to comply with this subchapter and with the rules of the State Board of Health. (2) The director shall also issue licenses for the operation of subunits of a home healthcare services agency.

(1) The Director of the Division of Health Facilities Services shall issue licenses for the operation of home healthcare services agencies which are found to comply with this subchapter and with the rules of the State Board of Health.

(2) The director shall also issue licenses for the operation of subunits of a home healthcare services agency.

(b) Licenses shall be issued to the entity and persons listed in the application for licensure and shall not be transferable.

Amended by Act 2019, No. 315,§ 1885, eff. 7/24/2019.

Acts 1987, No. 956, § 4.
Ark. Code Ann. § 20-16-2508 — AR Code / Title 20 / Chapter 16 / Subchapter 25 / Section 20-16-2508
Civil penalties
Status: in_force

(a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a: (1) Civil malpractice action for actual and punitive damages; and (2) Professional disciplinary action under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) A civil penalty shall not be assessed against the woman upon whom the abortion is performed. (c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close the proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or attempted. (d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. (e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff. Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.

(a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a: (1) Civil malpractice action for actual and punitive damages; and (2) Professional disciplinary action under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(1) Civil malpractice action for actual and punitive damages; and

(2) Professional disciplinary action under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(b) A civil penalty shall not be assessed against the woman upon whom the abortion is performed.

(c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close the proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or attempted.

(d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.

(e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.

Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-8-301 — AR Code / Title 20 / Chapter 8 / Subchapter 3 / Section 20-8-301
Findings
Status: in_force

The General Assembly finds: (1) That Arkansas consistently ranks among the most unhealthy states in the nation; (2) That after just one (1) year of regular walking exercise, previously sedentary smokers refrained from smoking at two (2) times the rate of those who received only health education; (3) That Arkansans who exercise regularly choose walking as their overwhelmingly preferred form of activity; (4) That women who walk briskly or exercise vigorously may reduce their chances for heart disease by as much as forty percent (40%); (5) That more than thirty-five percent (35%) of Arkansans do not exercise, placing Arkansas as the sixth most sedentary state in the nation; (6) That, while people are inactive in all parts of the state, a greater percentage of the population in rural areas is inactive; and (7) That a reduction in illnesses related to physical inactivity would save Arkansas millions of dollars each year in reduced healthcare costs. Acts 2001, No. 1750, § 1.

The General Assembly finds:

(1) That Arkansas consistently ranks among the most unhealthy states in the nation;

(2) That after just one (1) year of regular walking exercise, previously sedentary smokers refrained from smoking at two (2) times the rate of those who received only health education;

(3) That Arkansans who exercise regularly choose walking as their overwhelmingly preferred form of activity;

(4) That women who walk briskly or exercise vigorously may reduce their chances for heart disease by as much as forty percent (40%);

(5) That more than thirty-five percent (35%) of Arkansans do not exercise, placing Arkansas as the sixth most sedentary state in the nation;

(6) That, while people are inactive in all parts of the state, a greater percentage of the population in rural areas is inactive; and

(7) That a reduction in illnesses related to physical inactivity would save Arkansas millions of dollars each year in reduced healthcare costs.

Acts 2001, No. 1750, § 1.
Ark. Code Ann. § 20-58-216 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-216
Audits
Status: in_force

(a) Annual audits of all permit holders, including out-of-state permit holders, will be performed by the Arkansas Livestock and Poultry Commission to ensure proper reporting of egg inspection fees. (b) (1) Travel expenses incurred in conducting out-of-state audits are to be reimbursed to the commission by out-of-state permit holders. (2) The State of Arkansas's out-of-state daily allowance for meals and lodging will be the maximum amount reimbursable, plus travel expenses to and from locations of permit holders. Acts 1969, No. 220, § 24, as added by Acts 1985, No. 301, § 4; A.S.A. 1947, § 82-1323.

(a) Annual audits of all permit holders, including out-of-state permit holders, will be performed by the Arkansas Livestock and Poultry Commission to ensure proper reporting of egg inspection fees.

(b) (1) Travel expenses incurred in conducting out-of-state audits are to be reimbursed to the commission by out-of-state permit holders. (2) The State of Arkansas's out-of-state daily allowance for meals and lodging will be the maximum amount reimbursable, plus travel expenses to and from locations of permit holders.

(1) Travel expenses incurred in conducting out-of-state audits are to be reimbursed to the commission by out-of-state permit holders.

(2) The State of Arkansas's out-of-state daily allowance for meals and lodging will be the maximum amount reimbursable, plus travel expenses to and from locations of permit holders.

Acts 1969, No. 220, § 24, as added by Acts 1985, No. 301, § 4; A.S.A. 1947, § 82-1323.
Ark. Code Ann. § 20-76-805 — AR Code / Title 20 / Chapter 76 / Subchapter 8 / Section 20-76-805
Elimination of no-good-cause exemptions to the work requirement for Supplemental Nutrition Assistance Program benefits
Status: in_force

Beginning no later than May 1, 2022, the Department of Human Services shall not exercise the state option to provide exemptions to the work requirement as authorized under 7 U.S.C. § 2015(o)(6) , as it existed on January 1, 2021, except to an individual: (1) Currently in foster care; or (2) Residing in a domestic violence shelter. Added by Act 2021, No. 419,§ 1, eff. 7/28/2021.

Beginning no later than May 1, 2022, the Department of Human Services shall not exercise the state option to provide exemptions to the work requirement as authorized under 7 U.S.C. § 2015(o)(6) , as it existed on January 1, 2021, except to an individual:

(1) Currently in foster care; or

(2) Residing in a domestic violence shelter.

Added by Act 2021, No. 419,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-13-801 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-801
Title
Status: in_force

This subchapter is known and may be cited as the "Trauma System Act". Acts 1993, No. 559, § 1; 2009, No. 393, § 1.

This subchapter is known and may be cited as the "Trauma System Act".

Acts 1993, No. 559, § 1; 2009, No. 393, § 1.
Ark. Code Ann. § 20-46-701 — AR Code / Title 20 / Chapter 46 / Subchapter 7 / Section 20-46-701
Authority - Scope
Status: in_force

(a) Except when otherwise specified in federal law or regulation or state law, this subchapter shall be the exclusive state authority governing the survey process for psychiatric residential treatment facilities and outpatient mental health services programs. (b) The scope of any survey or audit shall be limited to determining whether a facility is in compliance with applicable federal and state regulations. Acts 2005, No. 1885, § 1.

(a) Except when otherwise specified in federal law or regulation or state law, this subchapter shall be the exclusive state authority governing the survey process for psychiatric residential treatment facilities and outpatient mental health services programs.

(b) The scope of any survey or audit shall be limited to determining whether a facility is in compliance with applicable federal and state regulations.

Acts 2005, No. 1885, § 1.
Ark. Code Ann. § 20-16-1102 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1102
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant. (B) However, "abortion" does not include the termination of a pregnancy if the termination is intended to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead fetus who died as the result of a spontaneous miscarriage; (2) "Attempt to perform an abortion" means an act or an omission of a statutorily required act that under the circumstances as the actor believes them to be constitutes a substantial step in a course of conduct planned to culminate in the termination of a pregnancy in this state; (3) "Gestational age" means the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman; (4) "Medical emergency" means any condition that on the basis of the physician's good-faith clinical judgment so complicates the medical condition of a pregnant female that: (A) The immediate abortion of her pregnancy is necessary to prevent her death; or (B) A delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female; (5) "Physician" means a person authorized or licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and a person authorized to practice osteopathy under § 17-91-101 et seq.; (6) "Probable gestational age" means the age that with reasonable probability in the judgment of a physician will be the gestational age of the unborn child at the time the abortion is planned to be performed; and (7) "Unborn child" means a member of the species Homo sapiens from fertilization until birth. Acts 2005, No. 1696, § 1.

As used in this subchapter:

(1) (A) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant. (B) However, "abortion" does not include the termination of a pregnancy if the termination is intended to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead fetus who died as the result of a spontaneous miscarriage;

(A) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a female known to be pregnant.

(B) However, "abortion" does not include the termination of a pregnancy if the termination is intended to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead fetus who died as the result of a spontaneous miscarriage;

(i) Increase the probability of a live birth;

(ii) Preserve the life or health of the child after live birth; or

(iii) Remove a dead fetus who died as the result of a spontaneous miscarriage;

(2) "Attempt to perform an abortion" means an act or an omission of a statutorily required act that under the circumstances as the actor believes them to be constitutes a substantial step in a course of conduct planned to culminate in the termination of a pregnancy in this state;

(3) "Gestational age" means the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman;

(4) "Medical emergency" means any condition that on the basis of the physician's good-faith clinical judgment so complicates the medical condition of a pregnant female that: (A) The immediate abortion of her pregnancy is necessary to prevent her death; or (B) A delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female;

(A) The immediate abortion of her pregnancy is necessary to prevent her death; or

(B) A delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female;

(5) "Physician" means a person authorized or licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and a person authorized to practice osteopathy under § 17-91-101 et seq.;

(6) "Probable gestational age" means the age that with reasonable probability in the judgment of a physician will be the gestational age of the unborn child at the time the abortion is planned to be performed; and

(7) "Unborn child" means a member of the species Homo sapiens from fertilization until birth.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-58-215 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-215
Inspection fees
Status: in_force

(a) For the purpose of financing the administration and enforcement of this subchapter, the Department of Agriculture shall collect an inspection fee from any processor, packer, or dealer-wholesaler that sells or transports eggs into the state. (b) The inspection fee and annual permit fee will be set by the Arkansas Livestock and Poultry Commission after review and consultation with the Poultry Federation for all shell eggs and egg products processed or sold in the State of Arkansas. (c) All fees, interest, penalties, or costs collected by the department as authorized in this section shall be deposited into the State Treasury within thirty (30) days of collection thereof. (d) Upon receipt of the funds, the Treasurer of State shall, after deducting therefrom the collection charge authorized by law, credit the net amount thereof to the credit of the fund to be known as the "Poultry and Egg Grading Fund". Amended by Act 2023, No. 598,§ 7, eff. 8/1/2023. Acts 1969, No. 220, § 13; 1970 (Ex. Sess.), No. 12, § 2; 1985, No. 301, § 3; A.S.A. 1947, § 82-1314.

(a) For the purpose of financing the administration and enforcement of this subchapter, the Department of Agriculture shall collect an inspection fee from any processor, packer, or dealer-wholesaler that sells or transports eggs into the state.

(b) The inspection fee and annual permit fee will be set by the Arkansas Livestock and Poultry Commission after review and consultation with the Poultry Federation for all shell eggs and egg products processed or sold in the State of Arkansas.

(c) All fees, interest, penalties, or costs collected by the department as authorized in this section shall be deposited into the State Treasury within thirty (30) days of collection thereof.

(d) Upon receipt of the funds, the Treasurer of State shall, after deducting therefrom the collection charge authorized by law, credit the net amount thereof to the credit of the fund to be known as the "Poultry and Egg Grading Fund".

Amended by Act 2023, No. 598,§ 7, eff. 8/1/2023.

Acts 1969, No. 220, § 13; 1970 (Ex. Sess.), No. 12, § 2; 1985, No. 301, § 3; A.S.A. 1947, § 82-1314.
Ark. Code Ann. § 20-9-1310 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1310
Standards for hearings and related matters
Status: in_force

(a) (1) A physician who is the subject of a proposed professional review action shall be given notice of the proposed professional review action, the basis for the proposed professional review action, and the right to a hearing. (2) Subdivision (a)(1) of this section does not entitle a physician to a hearing if the proposed professional review action will not adversely affect the physician's clinical privileges or medical staff membership. (b) (1) A hearing shall be held before a hearing officer, arbitrator, hearing panel, or combination of hearing officer, arbitrator, or hearing panel. (2) A hearing officer or arbitrator shall: (A) Be independent of all parties involved; (B) Have no conflict of interest; and (C) Not: (i) Have served as an attorney for the hospital or the physician under review at any time within two (2) years before the hearing date; or (ii) Be affiliated with a law firm that has represented the hospital or the physician under review at any time within two (2) years before the hearing date. (3) (A) The medical staff bylaws shall govern the appointment of members of a hearing panel subject to the requirements of this subsection. (B) The members of a hearing panel may be members of the medical staff of the hospital. (C) The members of the hearing panel shall: (i) Disclose any potential conflicts of interest before the hearing; and (ii) Agree to exercise unbiased, independent, and professional judgment when evaluating the competence or professional conduct of the physician under review. (4) (A) A physician under review shall have a reasonable opportunity to raise the issue of a potential conflict of interest or other concern related to a hearing officer, arbitrator, or member of a hearing panel. (B) The medical staff bylaws shall establish a process for considering and resolving any potential conflicts of interest. (c) (1) Before the hearing, the professional review body and the physician under review shall provide the opposing party with a list of any witnesses expected to testify and copies of any documents expected to be introduced at the hearing. (2) In advance of the hearing, the hospital administration, professional review body, and the physician under review shall disclose all relevant information to each other. (d) At the hearing, the physician under review shall have the right to: (1) Be present and present evidence on his or her own behalf; (2) Be represented by an attorney or another individual of the physician's choice at the hearing; (3) Call, examine, and cross-examine witnesses; and (4) Submit a written statement. (e) Upon completion of the hearing, the physician under review has a right to receive: (1) The written recommendation of the hearing officer, arbitrator, or hearing panel, including a statement of the basis of the recommendation; and (2) A copy of the record of the hearing upon request and payment of any reasonable charges for the preparation of the record. (f) After the hospital takes final action on the recommendation from the hearing, the physician under review is entitled to receive a written decision, including a statement of the basis for the decision. (g) Any dispute over the relevancy or method of discovery or any other dispute that arises during the hearing process shall be resolved by the hearing officer, arbitrator, or hearing panel. Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.

(a) (1) A physician who is the subject of a proposed professional review action shall be given notice of the proposed professional review action, the basis for the proposed professional review action, and the right to a hearing. (2) Subdivision (a)(1) of this section does not entitle a physician to a hearing if the proposed professional review action will not adversely affect the physician's clinical privileges or medical staff membership.

(1) A physician who is the subject of a proposed professional review action shall be given notice of the proposed professional review action, the basis for the proposed professional review action, and the right to a hearing.

(2) Subdivision (a)(1) of this section does not entitle a physician to a hearing if the proposed professional review action will not adversely affect the physician's clinical privileges or medical staff membership.

(b) (1) A hearing shall be held before a hearing officer, arbitrator, hearing panel, or combination of hearing officer, arbitrator, or hearing panel. (2) A hearing officer or arbitrator shall: (A) Be independent of all parties involved; (B) Have no conflict of interest; and (C) Not: (i) Have served as an attorney for the hospital or the physician under review at any time within two (2) years before the hearing date; or (ii) Be affiliated with a law firm that has represented the hospital or the physician under review at any time within two (2) years before the hearing date. (3) (A) The medical staff bylaws shall govern the appointment of members of a hearing panel subject to the requirements of this subsection. (B) The members of a hearing panel may be members of the medical staff of the hospital. (C) The members of the hearing panel shall: (i) Disclose any potential conflicts of interest before the hearing; and (ii) Agree to exercise unbiased, independent, and professional judgment when evaluating the competence or professional conduct of the physician under review. (4) (A) A physician under review shall have a reasonable opportunity to raise the issue of a potential conflict of interest or other concern related to a hearing officer, arbitrator, or member of a hearing panel. (B) The medical staff bylaws shall establish a process for considering and resolving any potential conflicts of interest.

(1) A hearing shall be held before a hearing officer, arbitrator, hearing panel, or combination of hearing officer, arbitrator, or hearing panel.

(2) A hearing officer or arbitrator shall: (A) Be independent of all parties involved; (B) Have no conflict of interest; and (C) Not: (i) Have served as an attorney for the hospital or the physician under review at any time within two (2) years before the hearing date; or (ii) Be affiliated with a law firm that has represented the hospital or the physician under review at any time within two (2) years before the hearing date.

(A) Be independent of all parties involved;

(B) Have no conflict of interest; and

(C) Not: (i) Have served as an attorney for the hospital or the physician under review at any time within two (2) years before the hearing date; or (ii) Be affiliated with a law firm that has represented the hospital or the physician under review at any time within two (2) years before the hearing date.

(i) Have served as an attorney for the hospital or the physician under review at any time within two (2) years before the hearing date; or

(ii) Be affiliated with a law firm that has represented the hospital or the physician under review at any time within two (2) years before the hearing date.

(3) (A) The medical staff bylaws shall govern the appointment of members of a hearing panel subject to the requirements of this subsection. (B) The members of a hearing panel may be members of the medical staff of the hospital. (C) The members of the hearing panel shall: (i) Disclose any potential conflicts of interest before the hearing; and (ii) Agree to exercise unbiased, independent, and professional judgment when evaluating the competence or professional conduct of the physician under review.

(A) The medical staff bylaws shall govern the appointment of members of a hearing panel subject to the requirements of this subsection.

(B) The members of a hearing panel may be members of the medical staff of the hospital.

(C) The members of the hearing panel shall: (i) Disclose any potential conflicts of interest before the hearing; and (ii) Agree to exercise unbiased, independent, and professional judgment when evaluating the competence or professional conduct of the physician under review.

(i) Disclose any potential conflicts of interest before the hearing; and

(ii) Agree to exercise unbiased, independent, and professional judgment when evaluating the competence or professional conduct of the physician under review.

(4) (A) A physician under review shall have a reasonable opportunity to raise the issue of a potential conflict of interest or other concern related to a hearing officer, arbitrator, or member of a hearing panel. (B) The medical staff bylaws shall establish a process for considering and resolving any potential conflicts of interest.

(A) A physician under review shall have a reasonable opportunity to raise the issue of a potential conflict of interest or other concern related to a hearing officer, arbitrator, or member of a hearing panel.

(B) The medical staff bylaws shall establish a process for considering and resolving any potential conflicts of interest.

(c) (1) Before the hearing, the professional review body and the physician under review shall provide the opposing party with a list of any witnesses expected to testify and copies of any documents expected to be introduced at the hearing. (2) In advance of the hearing, the hospital administration, professional review body, and the physician under review shall disclose all relevant information to each other.

(1) Before the hearing, the professional review body and the physician under review shall provide the opposing party with a list of any witnesses expected to testify and copies of any documents expected to be introduced at the hearing.

(2) In advance of the hearing, the hospital administration, professional review body, and the physician under review shall disclose all relevant information to each other.

(d) At the hearing, the physician under review shall have the right to: (1) Be present and present evidence on his or her own behalf; (2) Be represented by an attorney or another individual of the physician's choice at the hearing; (3) Call, examine, and cross-examine witnesses; and (4) Submit a written statement.

(1) Be present and present evidence on his or her own behalf;

(2) Be represented by an attorney or another individual of the physician's choice at the hearing;

(3) Call, examine, and cross-examine witnesses; and

(4) Submit a written statement.

(e) Upon completion of the hearing, the physician under review has a right to receive: (1) The written recommendation of the hearing officer, arbitrator, or hearing panel, including a statement of the basis of the recommendation; and (2) A copy of the record of the hearing upon request and payment of any reasonable charges for the preparation of the record.

(1) The written recommendation of the hearing officer, arbitrator, or hearing panel, including a statement of the basis of the recommendation; and

(2) A copy of the record of the hearing upon request and payment of any reasonable charges for the preparation of the record.

(f) After the hospital takes final action on the recommendation from the hearing, the physician under review is entitled to receive a written decision, including a statement of the basis for the decision.

(g) Any dispute over the relevancy or method of discovery or any other dispute that arises during the hearing process shall be resolved by the hearing officer, arbitrator, or hearing panel.

Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.
Ark. Code Ann. § 20-47-224 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-224
Conversion from involuntary to voluntary status
Status: in_force

(a) At any time during the involuntary admission period, a person may be converted to a voluntary admission status if the person's treating physician or treatment staff psychiatrist files a written statement of consent with the court. (b) The court shall dismiss the action immediately upon the filing of the statement. Acts 1989, No. 861, § 12.

(a) At any time during the involuntary admission period, a person may be converted to a voluntary admission status if the person's treating physician or treatment staff psychiatrist files a written statement of consent with the court.

(b) The court shall dismiss the action immediately upon the filing of the statement.

Acts 1989, No. 861, § 12.
Ark. Code Ann. § 20-9-302 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-302
Abortion clinics, health centers, etc. - Definitions
Status: in_force

(a) (1) (A) (i) A hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency under § 5-61-304 or § 5-61-404 . (ii) An abortion permitted under § 5-61-304 or § 5-61-404 shall not be performed or attempted unless the abortion takes place in a hospital or an emergency room. (B) As used in subdivision (a)(1)(A) of this section: (i) (a) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (b) An act under subdivision (a)(1)(B)(i) (a) of this section is not an abortion if the act is performed with the purpose to: (1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; or (3) Remove an ectopic pregnancy; and (ii) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy. (2) (A) The Department of Health shall inspect a clinic, health center, or other facility at least annually, and inspections shall include without limitation: (i) The facilities, equipment, and conditions of a clinic, health center, or other facility; and (ii) A representative sample of procedures, techniques, medical records, informed consent signatures, and parental consent signatures. (B) An inspector shall arrive at the clinic, health center, or other facility unannounced and without prior notice. (b) The department shall: (1) Adopt appropriate rules, regarding without limitation the facilities, equipment, procedures, techniques, medical records, informed consent signatures, parental consent signatures, and conditions of a clinic, health center, or other facility subject to the provisions of this section to assure at a minimum that: (A) The facilities, equipment, procedures, techniques, and conditions of the clinic, health center, or other facility are aseptic and do not constitute a health hazard; (B) The medical records, informed consent signatures, and parental consent signatures meet statutory requirements; (C) The clinic, health center, or other facility provides to the patient on a twenty-four-hour basis telephone consultation with a registered nurse or physician associated with the clinic, health center, or other facility; (D) The clinic, health center, or other facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer to an acute care facility; (E) The clinic, health center, or other facility is within thirty (30) miles of a hospital that provides gynecological or surgical services; (F) The clinic, health center, or other facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and (G) All staff at the clinic, health center, or other facility have documented current competency in cardiopulmonary resuscitation; (2) Levy and collect an annual fee of five hundred dollars ($500) per facility for issuance of a permanent license to an abortion facility; and (3) (A) Deny, suspend, or revoke licenses on any of the following grounds: (i) The violation of any provision of law or rule; or (ii) The permitting, aiding, or abetting of the commission of any unlawful act in connection with the operation of the institutions. (B) (i) If the department determines to deny, suspend, or revoke a license, the department shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination. (ii) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing. (iii) (a) The department shall issue an immediate suspension of a license if an investigation or survey determines that: (1) The applicant or licensee is in violation of any state law or rule; and (2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient. (b) (1) The department shall give the applicant or licensee written notice of the immediate suspension. (2) The suspension of the license is effective upon the receipt of the written notice. (iv) The denial, suspension, or revocation order shall remain in effect until all violations have been corrected. (C) The applicant or licensee shall: (i) Be given a fair hearing; and (ii) Have the right to present evidence as may be proper. (D) (i) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside. (ii) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee. (iii) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court. (E) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed or a transcript is requested by an interested party who shall pay the cost of preparing the transcript. (F) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule. (G) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department. (c) (1) Applicants for a license shall file applications upon such forms as are prescribed by the department. (2) A license shall be issued only for the premises and persons in the application and shall not be transferable. (d) (1) A license shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year. (2) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year. (3) License applications for existing institutions received after that date shall be subject to a penalty of two dollars ($2.00) per day for each day after January 2. (e) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the abortion clinics that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. (f) All fees levied and collected under this section are special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund. (g) The department shall: (1) Send all abortion data collected under state law to the Centers for Disease Control and Prevention; (2) Record and report to the Centers for Disease Control and Prevention all instances of a suspension of a physician's license related to abortions or abortion facilities; and (3) Make available to the public via the Division of Vital Records the following information: (A) All abortion data collected under state law; and (B) All instances of a suspension of a physician's license related to abortions or abortion facilities. (h) (1) A person who notifies an abortion facility that the department may or will conduct its inspection on a specific date or time shall be guilty upon conviction of a Class A misdemeanor. (2) A person who knowingly conceals or removes information that is relevant to an inspection of an abortion facility shall be guilty upon conviction of a Class A misdemeanor. (i) All inspections of abortion facilities shall be conducted by at least two (2) persons at the same time. Amended by Act 2023, No. 848,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 162,§ 1, eff. 2/27/2023. Amended by Act 2021, No. 949,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 787,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1847, eff. 7/24/2019. Amended by ,Act 2019, No. 315§ 1846, eff. 7/24/2019. Amended by Act 2019, No. 801,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 383,§ 2, eff. 8/1/2017. Acts 1983, No. 509, §§ 1, 2; A.S.A. 1947, §§ 82-367, 82-368; Acts 1987, No. 144, § 1; 2011, No. 1176, § 1.

(a) (1) (A) (i) A hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency under § 5-61-304 or § 5-61-404 . (ii) An abortion permitted under § 5-61-304 or § 5-61-404 shall not be performed or attempted unless the abortion takes place in a hospital or an emergency room. (B) As used in subdivision (a)(1)(A) of this section: (i) (a) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (b) An act under subdivision (a)(1)(B)(i) (a) of this section is not an abortion if the act is performed with the purpose to: (1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; or (3) Remove an ectopic pregnancy; and (ii) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy. (2) (A) The Department of Health shall inspect a clinic, health center, or other facility at least annually, and inspections shall include without limitation: (i) The facilities, equipment, and conditions of a clinic, health center, or other facility; and (ii) A representative sample of procedures, techniques, medical records, informed consent signatures, and parental consent signatures. (B) An inspector shall arrive at the clinic, health center, or other facility unannounced and without prior notice.

(1) (A) (i) A hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency under § 5-61-304 or § 5-61-404 . (ii) An abortion permitted under § 5-61-304 or § 5-61-404 shall not be performed or attempted unless the abortion takes place in a hospital or an emergency room. (B) As used in subdivision (a)(1)(A) of this section: (i) (a) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (b) An act under subdivision (a)(1)(B)(i) (a) of this section is not an abortion if the act is performed with the purpose to: (1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; or (3) Remove an ectopic pregnancy; and (ii) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy.

(A) (i) A hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency under § 5-61-304 or § 5-61-404 . (ii) An abortion permitted under § 5-61-304 or § 5-61-404 shall not be performed or attempted unless the abortion takes place in a hospital or an emergency room.

(i) A hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency under § 5-61-304 or § 5-61-404 .

(ii) An abortion permitted under § 5-61-304 or § 5-61-404 shall not be performed or attempted unless the abortion takes place in a hospital or an emergency room.

(B) As used in subdivision (a)(1)(A) of this section: (i) (a) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (b) An act under subdivision (a)(1)(B)(i) (a) of this section is not an abortion if the act is performed with the purpose to: (1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; or (3) Remove an ectopic pregnancy; and (ii) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy.

(i) (a) "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (b) An act under subdivision (a)(1)(B)(i) (a) of this section is not an abortion if the act is performed with the purpose to: (1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; or (3) Remove an ectopic pregnancy; and

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

(b) An act under subdivision (a)(1)(B)(i) (a) of this section is not an abortion if the act is performed with the purpose to: (1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; or (3) Remove an ectopic pregnancy; and

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

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

(3) Remove an ectopic pregnancy; and

(ii) "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy.

(2) (A) The Department of Health shall inspect a clinic, health center, or other facility at least annually, and inspections shall include without limitation: (i) The facilities, equipment, and conditions of a clinic, health center, or other facility; and (ii) A representative sample of procedures, techniques, medical records, informed consent signatures, and parental consent signatures. (B) An inspector shall arrive at the clinic, health center, or other facility unannounced and without prior notice.

(A) The Department of Health shall inspect a clinic, health center, or other facility at least annually, and inspections shall include without limitation: (i) The facilities, equipment, and conditions of a clinic, health center, or other facility; and (ii) A representative sample of procedures, techniques, medical records, informed consent signatures, and parental consent signatures.

(i) The facilities, equipment, and conditions of a clinic, health center, or other facility; and

(ii) A representative sample of procedures, techniques, medical records, informed consent signatures, and parental consent signatures.

(B) An inspector shall arrive at the clinic, health center, or other facility unannounced and without prior notice.

(b) The department shall: (1) Adopt appropriate rules, regarding without limitation the facilities, equipment, procedures, techniques, medical records, informed consent signatures, parental consent signatures, and conditions of a clinic, health center, or other facility subject to the provisions of this section to assure at a minimum that: (A) The facilities, equipment, procedures, techniques, and conditions of the clinic, health center, or other facility are aseptic and do not constitute a health hazard; (B) The medical records, informed consent signatures, and parental consent signatures meet statutory requirements; (C) The clinic, health center, or other facility provides to the patient on a twenty-four-hour basis telephone consultation with a registered nurse or physician associated with the clinic, health center, or other facility; (D) The clinic, health center, or other facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer to an acute care facility; (E) The clinic, health center, or other facility is within thirty (30) miles of a hospital that provides gynecological or surgical services; (F) The clinic, health center, or other facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and (G) All staff at the clinic, health center, or other facility have documented current competency in cardiopulmonary resuscitation; (2) Levy and collect an annual fee of five hundred dollars ($500) per facility for issuance of a permanent license to an abortion facility; and (3) (A) Deny, suspend, or revoke licenses on any of the following grounds: (i) The violation of any provision of law or rule; or (ii) The permitting, aiding, or abetting of the commission of any unlawful act in connection with the operation of the institutions. (B) (i) If the department determines to deny, suspend, or revoke a license, the department shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination. (ii) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing. (iii) (a) The department shall issue an immediate suspension of a license if an investigation or survey determines that: (1) The applicant or licensee is in violation of any state law or rule; and (2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient. (b) (1) The department shall give the applicant or licensee written notice of the immediate suspension. (2) The suspension of the license is effective upon the receipt of the written notice. (iv) The denial, suspension, or revocation order shall remain in effect until all violations have been corrected. (C) The applicant or licensee shall: (i) Be given a fair hearing; and (ii) Have the right to present evidence as may be proper. (D) (i) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside. (ii) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee. (iii) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court. (E) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed or a transcript is requested by an interested party who shall pay the cost of preparing the transcript. (F) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule. (G) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.

(1) Adopt appropriate rules, regarding without limitation the facilities, equipment, procedures, techniques, medical records, informed consent signatures, parental consent signatures, and conditions of a clinic, health center, or other facility subject to the provisions of this section to assure at a minimum that: (A) The facilities, equipment, procedures, techniques, and conditions of the clinic, health center, or other facility are aseptic and do not constitute a health hazard; (B) The medical records, informed consent signatures, and parental consent signatures meet statutory requirements; (C) The clinic, health center, or other facility provides to the patient on a twenty-four-hour basis telephone consultation with a registered nurse or physician associated with the clinic, health center, or other facility; (D) The clinic, health center, or other facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer to an acute care facility; (E) The clinic, health center, or other facility is within thirty (30) miles of a hospital that provides gynecological or surgical services; (F) The clinic, health center, or other facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and (G) All staff at the clinic, health center, or other facility have documented current competency in cardiopulmonary resuscitation;

(A) The facilities, equipment, procedures, techniques, and conditions of the clinic, health center, or other facility are aseptic and do not constitute a health hazard;

(B) The medical records, informed consent signatures, and parental consent signatures meet statutory requirements;

(C) The clinic, health center, or other facility provides to the patient on a twenty-four-hour basis telephone consultation with a registered nurse or physician associated with the clinic, health center, or other facility;

(D) The clinic, health center, or other facility has a written procedure for emergency transfer of a patient to an acute care facility, including a medical record form that contains information required for an emergency transfer to an acute care facility;

(E) The clinic, health center, or other facility is within thirty (30) miles of a hospital that provides gynecological or surgical services;

(F) The clinic, health center, or other facility has drugs, oxygen, intravenous fluids, and other emergency equipment on-site and readily available to stabilize a patient if necessary; and

(G) All staff at the clinic, health center, or other facility have documented current competency in cardiopulmonary resuscitation;

(2) Levy and collect an annual fee of five hundred dollars ($500) per facility for issuance of a permanent license to an abortion facility; and

(3) (A) Deny, suspend, or revoke licenses on any of the following grounds: (i) The violation of any provision of law or rule; or (ii) The permitting, aiding, or abetting of the commission of any unlawful act in connection with the operation of the institutions. (B) (i) If the department determines to deny, suspend, or revoke a license, the department shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination. (ii) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing. (iii) (a) The department shall issue an immediate suspension of a license if an investigation or survey determines that: (1) The applicant or licensee is in violation of any state law or rule; and (2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient. (b) (1) The department shall give the applicant or licensee written notice of the immediate suspension. (2) The suspension of the license is effective upon the receipt of the written notice. (iv) The denial, suspension, or revocation order shall remain in effect until all violations have been corrected. (C) The applicant or licensee shall: (i) Be given a fair hearing; and (ii) Have the right to present evidence as may be proper. (D) (i) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside. (ii) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee. (iii) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court. (E) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed or a transcript is requested by an interested party who shall pay the cost of preparing the transcript. (F) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule. (G) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.

(A) Deny, suspend, or revoke licenses on any of the following grounds: (i) The violation of any provision of law or rule; or (ii) The permitting, aiding, or abetting of the commission of any unlawful act in connection with the operation of the institutions.

(i) The violation of any provision of law or rule; or

(ii) The permitting, aiding, or abetting of the commission of any unlawful act in connection with the operation of the institutions.

(B) (i) If the department determines to deny, suspend, or revoke a license, the department shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination. (ii) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing. (iii) (a) The department shall issue an immediate suspension of a license if an investigation or survey determines that: (1) The applicant or licensee is in violation of any state law or rule; and (2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient. (b) (1) The department shall give the applicant or licensee written notice of the immediate suspension. (2) The suspension of the license is effective upon the receipt of the written notice. (iv) The denial, suspension, or revocation order shall remain in effect until all violations have been corrected.

(i) If the department determines to deny, suspend, or revoke a license, the department shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.

(ii) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.

(iii) (a) The department shall issue an immediate suspension of a license if an investigation or survey determines that: (1) The applicant or licensee is in violation of any state law or rule; and (2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient. (b) (1) The department shall give the applicant or licensee written notice of the immediate suspension. (2) The suspension of the license is effective upon the receipt of the written notice.

(a) The department shall issue an immediate suspension of a license if an investigation or survey determines that: (1) The applicant or licensee is in violation of any state law or rule; and (2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient.

(1) The applicant or licensee is in violation of any state law or rule; and

(2) The violation or violations pose an imminent threat to the health, welfare, or safety of a patient.

(b) (1) The department shall give the applicant or licensee written notice of the immediate suspension. (2) The suspension of the license is effective upon the receipt of the written notice.

(1) The department shall give the applicant or licensee written notice of the immediate suspension.

(2) The suspension of the license is effective upon the receipt of the written notice.

(iv) The denial, suspension, or revocation order shall remain in effect until all violations have been corrected.

(C) The applicant or licensee shall: (i) Be given a fair hearing; and (ii) Have the right to present evidence as may be proper.

(i) Be given a fair hearing; and

(ii) Have the right to present evidence as may be proper.

(D) (i) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside. (ii) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee. (iii) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court.

(i) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.

(ii) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.

(iii) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court.

(E) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.

(F) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule.

(G) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.

(c) (1) Applicants for a license shall file applications upon such forms as are prescribed by the department. (2) A license shall be issued only for the premises and persons in the application and shall not be transferable.

(1) Applicants for a license shall file applications upon such forms as are prescribed by the department.

(2) A license shall be issued only for the premises and persons in the application and shall not be transferable.

(d) (1) A license shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year. (2) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year. (3) License applications for existing institutions received after that date shall be subject to a penalty of two dollars ($2.00) per day for each day after January 2.

(1) A license shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year.

(2) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year.

(3) License applications for existing institutions received after that date shall be subject to a penalty of two dollars ($2.00) per day for each day after January 2.

(e) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the abortion clinics that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

(f) All fees levied and collected under this section are special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund.

(g) The department shall: (1) Send all abortion data collected under state law to the Centers for Disease Control and Prevention; (2) Record and report to the Centers for Disease Control and Prevention all instances of a suspension of a physician's license related to abortions or abortion facilities; and (3) Make available to the public via the Division of Vital Records the following information: (A) All abortion data collected under state law; and (B) All instances of a suspension of a physician's license related to abortions or abortion facilities.

(1) Send all abortion data collected under state law to the Centers for Disease Control and Prevention;

(2) Record and report to the Centers for Disease Control and Prevention all instances of a suspension of a physician's license related to abortions or abortion facilities; and

(3) Make available to the public via the Division of Vital Records the following information: (A) All abortion data collected under state law; and (B) All instances of a suspension of a physician's license related to abortions or abortion facilities.

(A) All abortion data collected under state law; and

(B) All instances of a suspension of a physician's license related to abortions or abortion facilities.

(h) (1) A person who notifies an abortion facility that the department may or will conduct its inspection on a specific date or time shall be guilty upon conviction of a Class A misdemeanor. (2) A person who knowingly conceals or removes information that is relevant to an inspection of an abortion facility shall be guilty upon conviction of a Class A misdemeanor.

(1) A person who notifies an abortion facility that the department may or will conduct its inspection on a specific date or time shall be guilty upon conviction of a Class A misdemeanor.

(2) A person who knowingly conceals or removes information that is relevant to an inspection of an abortion facility shall be guilty upon conviction of a Class A misdemeanor.

(i) All inspections of abortion facilities shall be conducted by at least two (2) persons at the same time.

Amended by Act 2023, No. 848,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 162,§ 1, eff. 2/27/2023.

Amended by Act 2021, No. 949,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 787,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1847, eff. 7/24/2019.

Amended by ,Act 2019, No. 315§ 1846, eff. 7/24/2019.

Amended by Act 2019, No. 801,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 383,§ 2, eff. 8/1/2017.

Acts 1983, No. 509, §§ 1, 2; A.S.A. 1947, §§ 82-367, 82-368; Acts 1987, No. 144, § 1; 2011, No. 1176, § 1.
Ark. Code Ann. § 20-21-304 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-304
Penalties
Status: in_force

(a) Any person that willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant to this subchapter of the State Electronic Product Control Agency shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. (b) Each day of violation shall be considered a separate offense and shall be punishable as such. Amended by Act 2019, No. 315,§ 2027, eff. 7/24/2019. Acts 1969, No. 460, § 13; A.S.A. 1947, § 82-1540.

(a) Any person that willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant to this subchapter of the State Electronic Product Control Agency shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

(b) Each day of violation shall be considered a separate offense and shall be punishable as such.

Amended by Act 2019, No. 315,§ 2027, eff. 7/24/2019.

Acts 1969, No. 460, § 13; A.S.A. 1947, § 82-1540.
Ark. Code Ann. § 20-7-309 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-309
List of substances used to alter samples in drug or alcohol screening tests
Status: in_force

The Department of Health shall maintain and update as part of its database under this subchapter a list of substances that may be used to adulterate urine or other bodily fluids that may be used in or used to interfere with a drug or alcohol screening test. Acts 2003, No. 750, § 1.

The Department of Health shall maintain and update as part of its database under this subchapter a list of substances that may be used to adulterate urine or other bodily fluids that may be used in or used to interfere with a drug or alcohol screening test.

Acts 2003, No. 750, § 1.
Ark. Code Ann. § 20-9-219 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-219
Inspections of facilities - Definitions
Status: in_force

(a) As used in this section: (1) "Accrediting organization" means an organization that awards accreditation or certification to hospitals or managed care organizations and has been recognized by the Centers for Medicare & Medicaid Services for deemed status, including without limitation The Joint Commission; (2) (A) "Hospital" means a facility used for the purpose of providing inpatient diagnostic care or treatment, including general medical care, surgical care, obstetrical care, psychiatric care, and specialized services or specialized treatment that is subject to the rules for hospitals in Arkansas. (B) "Hospital" does not mean a facility primarily for the provision of long-term care; (3) "Inspection" means the on-site review of the physical plant and practices as governed by the current rules of hospitals; (4) "Investigation" means a specific inspection by the Division of Health Facilities Services related to a complaint or complaints; and (5) "Survey" means the on-site formal review process of a hospital by the division at regular intervals to ensure compliance with applicable rules adopted by the Department of Health. (b) The department shall make such inspections and surveys as it may prescribe by rule. (c) Each hospital accredited by an accrediting organization shall be deemed by the department to be licensable without further survey by the personnel of the division if: (1) The hospital holds current, full accreditation; and (2) The division receives a copy of the hospital's official accreditation certificate and the complete report issued by an accrediting organization within thirty (30) days of receipt by the hospital from an accrediting organization. (d) No hospital shall be required to submit accreditation by an accrediting organization, but whenever a hospital does not submit an accreditation certificate, the personnel of the department shall conduct such surveys as are prescribed by rule. (e) (1) Nothing in this section shall affect the right of an authorized representative of the department to enter upon or into the premises of a hospital at any time to make an inspection as part of an investigation when the department does so in response to a complaint or specific identifiable information that the hospital is not meeting minimum quality standards. (2) If the division upon review of an accrediting organization report reasonably determines that a hospital may not be meeting state licensure standards, it may perform a survey of that hospital and take such steps as are necessary to enforce the standards of the department. (f) A validation survey may be conducted on five percent (5%) of deemed hospitals during any calendar year to determine continued compliance with state rules. (g) The department shall continue to have authority over new construction, renovations, and alterations of the hospitals as set forth in the current rules. (h) All hospitals shall notify the division within thirty (30) days when there is a change in accreditation status. (i) A staff member of the division may accompany an accrediting organization team that conducts any hospital accreditation survey as an ex officio member for the purpose of observation. Amended by Act 2019, No. 315,§ 1845, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1844, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1843, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1842, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1841, eff. 7/24/2019. Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347; Acts 1999, No. 506, § 2; 2007, No. 136, § 1.

(a) As used in this section: (1) "Accrediting organization" means an organization that awards accreditation or certification to hospitals or managed care organizations and has been recognized by the Centers for Medicare & Medicaid Services for deemed status, including without limitation The Joint Commission; (2) (A) "Hospital" means a facility used for the purpose of providing inpatient diagnostic care or treatment, including general medical care, surgical care, obstetrical care, psychiatric care, and specialized services or specialized treatment that is subject to the rules for hospitals in Arkansas. (B) "Hospital" does not mean a facility primarily for the provision of long-term care; (3) "Inspection" means the on-site review of the physical plant and practices as governed by the current rules of hospitals; (4) "Investigation" means a specific inspection by the Division of Health Facilities Services related to a complaint or complaints; and (5) "Survey" means the on-site formal review process of a hospital by the division at regular intervals to ensure compliance with applicable rules adopted by the Department of Health.

(1) "Accrediting organization" means an organization that awards accreditation or certification to hospitals or managed care organizations and has been recognized by the Centers for Medicare & Medicaid Services for deemed status, including without limitation The Joint Commission;

(2) (A) "Hospital" means a facility used for the purpose of providing inpatient diagnostic care or treatment, including general medical care, surgical care, obstetrical care, psychiatric care, and specialized services or specialized treatment that is subject to the rules for hospitals in Arkansas. (B) "Hospital" does not mean a facility primarily for the provision of long-term care;

(A) "Hospital" means a facility used for the purpose of providing inpatient diagnostic care or treatment, including general medical care, surgical care, obstetrical care, psychiatric care, and specialized services or specialized treatment that is subject to the rules for hospitals in Arkansas.

(B) "Hospital" does not mean a facility primarily for the provision of long-term care;

(3) "Inspection" means the on-site review of the physical plant and practices as governed by the current rules of hospitals;

(4) "Investigation" means a specific inspection by the Division of Health Facilities Services related to a complaint or complaints; and

(5) "Survey" means the on-site formal review process of a hospital by the division at regular intervals to ensure compliance with applicable rules adopted by the Department of Health.

(b) The department shall make such inspections and surveys as it may prescribe by rule.

(c) Each hospital accredited by an accrediting organization shall be deemed by the department to be licensable without further survey by the personnel of the division if: (1) The hospital holds current, full accreditation; and (2) The division receives a copy of the hospital's official accreditation certificate and the complete report issued by an accrediting organization within thirty (30) days of receipt by the hospital from an accrediting organization.

(1) The hospital holds current, full accreditation; and

(2) The division receives a copy of the hospital's official accreditation certificate and the complete report issued by an accrediting organization within thirty (30) days of receipt by the hospital from an accrediting organization.

(d) No hospital shall be required to submit accreditation by an accrediting organization, but whenever a hospital does not submit an accreditation certificate, the personnel of the department shall conduct such surveys as are prescribed by rule.

(e) (1) Nothing in this section shall affect the right of an authorized representative of the department to enter upon or into the premises of a hospital at any time to make an inspection as part of an investigation when the department does so in response to a complaint or specific identifiable information that the hospital is not meeting minimum quality standards. (2) If the division upon review of an accrediting organization report reasonably determines that a hospital may not be meeting state licensure standards, it may perform a survey of that hospital and take such steps as are necessary to enforce the standards of the department.

(1) Nothing in this section shall affect the right of an authorized representative of the department to enter upon or into the premises of a hospital at any time to make an inspection as part of an investigation when the department does so in response to a complaint or specific identifiable information that the hospital is not meeting minimum quality standards.

(2) If the division upon review of an accrediting organization report reasonably determines that a hospital may not be meeting state licensure standards, it may perform a survey of that hospital and take such steps as are necessary to enforce the standards of the department.

(f) A validation survey may be conducted on five percent (5%) of deemed hospitals during any calendar year to determine continued compliance with state rules.

(g) The department shall continue to have authority over new construction, renovations, and alterations of the hospitals as set forth in the current rules.

(h) All hospitals shall notify the division within thirty (30) days when there is a change in accreditation status.

(i) A staff member of the division may accompany an accrediting organization team that conducts any hospital accreditation survey as an ex officio member for the purpose of observation.

Amended by Act 2019, No. 315,§ 1845, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1844, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1843, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1842, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1841, eff. 7/24/2019.

Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347; Acts 1999, No. 506, § 2; 2007, No. 136, § 1.
Ark. Code Ann. § 20-18-304 — AR Code / Title 20 / Chapter 18 / Subchapter 3 / Section 20-18-304
Disclosure of information prohibited - Exceptions
Status: in_force

(a) To protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, it shall be unlawful for any person to permit inspection of or to disclose information contained in vital records or vital reports or to copy or issue a copy of all or part of any vital record or vital report except as authorized by this chapter and by rule or by order of a court of competent jurisdiction. (b) (1) The State Board of Health may authorize by rule the disclosure of information contained in vital records for research purposes. (2) The rules shall provide for adequate standards of security and confidentiality of vital records and vital reports. (3) (A) Disclosure of information which may identify any person or institution named in any vital record or vital report may be made only pursuant to rules which require submission of written requests for information by researchers and execution of agreements that protect the confidentiality of the information provided. (B) The agreements shall prohibit the release by the researcher of any information that might identify any person or institution other than releases that may be provided for in the agreement. (4) Nothing in this section prohibits the release of information or data which would not identify any person or institution named in a vital record or vital report. (c) (1) Appeals from decisions of custodians of vital records or vital reports designated under § 20-18-203(b) who refuse to disclose information from vital records or vital reports as prescribed by this section and the rules issued under this section shall be made to the State Registrar of Vital Records, whose decision shall be binding upon such custodians. (2) Within three (3) working days of the receipt of an appeal of a decision of a custodian of a vital record or vital report designated under § 20-18-203(b) , the state registrar shall issue a decision on the appeal. (d) (1) The state registrar shall send to the county assessor of each county within this state a monthly report listing the residents of that county who have died. (2) The report shall be sent to each county assessor by email. Amended by Act 2019, No. 315,§ 1961, eff. 7/24/2019. Amended by Act 2013, No. 501,§ 3, eff. 8/16/2013. Acts 1981, No. 120, § 22; A.S.A. 1947, § 82-522; Acts 1995, No. 1254, § 11; 1995, No. 1295, § 2; 2005, No. 1892, § 3.

(a) To protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, it shall be unlawful for any person to permit inspection of or to disclose information contained in vital records or vital reports or to copy or issue a copy of all or part of any vital record or vital report except as authorized by this chapter and by rule or by order of a court of competent jurisdiction.

(b) (1) The State Board of Health may authorize by rule the disclosure of information contained in vital records for research purposes. (2) The rules shall provide for adequate standards of security and confidentiality of vital records and vital reports. (3) (A) Disclosure of information which may identify any person or institution named in any vital record or vital report may be made only pursuant to rules which require submission of written requests for information by researchers and execution of agreements that protect the confidentiality of the information provided. (B) The agreements shall prohibit the release by the researcher of any information that might identify any person or institution other than releases that may be provided for in the agreement. (4) Nothing in this section prohibits the release of information or data which would not identify any person or institution named in a vital record or vital report.

(1) The State Board of Health may authorize by rule the disclosure of information contained in vital records for research purposes.

(2) The rules shall provide for adequate standards of security and confidentiality of vital records and vital reports.

(3) (A) Disclosure of information which may identify any person or institution named in any vital record or vital report may be made only pursuant to rules which require submission of written requests for information by researchers and execution of agreements that protect the confidentiality of the information provided. (B) The agreements shall prohibit the release by the researcher of any information that might identify any person or institution other than releases that may be provided for in the agreement.

(A) Disclosure of information which may identify any person or institution named in any vital record or vital report may be made only pursuant to rules which require submission of written requests for information by researchers and execution of agreements that protect the confidentiality of the information provided.

(B) The agreements shall prohibit the release by the researcher of any information that might identify any person or institution other than releases that may be provided for in the agreement.

(4) Nothing in this section prohibits the release of information or data which would not identify any person or institution named in a vital record or vital report.

(c) (1) Appeals from decisions of custodians of vital records or vital reports designated under § 20-18-203(b) who refuse to disclose information from vital records or vital reports as prescribed by this section and the rules issued under this section shall be made to the State Registrar of Vital Records, whose decision shall be binding upon such custodians. (2) Within three (3) working days of the receipt of an appeal of a decision of a custodian of a vital record or vital report designated under § 20-18-203(b) , the state registrar shall issue a decision on the appeal.

(1) Appeals from decisions of custodians of vital records or vital reports designated under § 20-18-203(b) who refuse to disclose information from vital records or vital reports as prescribed by this section and the rules issued under this section shall be made to the State Registrar of Vital Records, whose decision shall be binding upon such custodians.

(2) Within three (3) working days of the receipt of an appeal of a decision of a custodian of a vital record or vital report designated under § 20-18-203(b) , the state registrar shall issue a decision on the appeal.

(d) (1) The state registrar shall send to the county assessor of each county within this state a monthly report listing the residents of that county who have died. (2) The report shall be sent to each county assessor by email.

(1) The state registrar shall send to the county assessor of each county within this state a monthly report listing the residents of that county who have died.

(2) The report shall be sent to each county assessor by email.

Amended by Act 2019, No. 315,§ 1961, eff. 7/24/2019.

Amended by Act 2013, No. 501,§ 3, eff. 8/16/2013.

Acts 1981, No. 120, § 22; A.S.A. 1947, § 82-522; Acts 1995, No. 1254, § 11; 1995, No. 1295, § 2; 2005, No. 1892, § 3.
Ark. Code Ann. § 20-47-704 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-704
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 63, eff. 7/1/2023. Amended by Act 2017, No. 540,§ 48, eff. 8/1/2017. Acts 2007, No. 1593, § 1.

Repealed by Act 2023, No. 365,§ 63, eff. 7/1/2023.

Amended by Act 2017, No. 540,§ 48, eff. 8/1/2017.

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-15-503 — AR Code / Title 20 / Chapter 15 / Subchapter 5 / Section 20-15-503
Autopsy
Status: in_force

(a) Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall request from the parents or guardian of the deceased written permission upon a form provided by the Department of Health for an autopsy to be made to determine the exact cause of death. (b) (1) Upon receipt of the permission, the county coroner, or the county sheriff if the county coroner is unavailable, shall notify the department. The department shall arrange for the transportation of the deceased and arrange for an autopsy to be made by a licensed physician in the State of Arkansas and shall arrange for the return transportation of the deceased. (2) If the parents or guardian shall refuse permission for an autopsy to be made, the death nevertheless shall be reported to the department. (c) (1) The results and findings of the autopsy, if any is performed, shall be reported to the parents or guardian of the deceased. (2) The appropriate finding of cause of death shall be recorded upon the certificate of death in any case and the term "sudden infant death syndrome" shall be entered on the certificate of death when it is appropriately descriptive of the circumstances and cause of death of the child. (d) Information concerning sudden infant death syndrome shall be provided by the department to the parents or guardian of an infant whose death has been reported pursuant to this subchapter. Acts 1979, No. 116, § 3; A.S.A. 1947, § 82-641.

(a) Upon receipt of the report, the county coroner, or the county sheriff if the county coroner is unavailable, shall request from the parents or guardian of the deceased written permission upon a form provided by the Department of Health for an autopsy to be made to determine the exact cause of death.

(b) (1) Upon receipt of the permission, the county coroner, or the county sheriff if the county coroner is unavailable, shall notify the department. The department shall arrange for the transportation of the deceased and arrange for an autopsy to be made by a licensed physician in the State of Arkansas and shall arrange for the return transportation of the deceased. (2) If the parents or guardian shall refuse permission for an autopsy to be made, the death nevertheless shall be reported to the department.

(1) Upon receipt of the permission, the county coroner, or the county sheriff if the county coroner is unavailable, shall notify the department. The department shall arrange for the transportation of the deceased and arrange for an autopsy to be made by a licensed physician in the State of Arkansas and shall arrange for the return transportation of the deceased.

(2) If the parents or guardian shall refuse permission for an autopsy to be made, the death nevertheless shall be reported to the department.

(c) (1) The results and findings of the autopsy, if any is performed, shall be reported to the parents or guardian of the deceased. (2) The appropriate finding of cause of death shall be recorded upon the certificate of death in any case and the term "sudden infant death syndrome" shall be entered on the certificate of death when it is appropriately descriptive of the circumstances and cause of death of the child.

(1) The results and findings of the autopsy, if any is performed, shall be reported to the parents or guardian of the deceased.

(2) The appropriate finding of cause of death shall be recorded upon the certificate of death in any case and the term "sudden infant death syndrome" shall be entered on the certificate of death when it is appropriately descriptive of the circumstances and cause of death of the child.

(d) Information concerning sudden infant death syndrome shall be provided by the department to the parents or guardian of an infant whose death has been reported pursuant to this subchapter.

Acts 1979, No. 116, § 3; A.S.A. 1947, § 82-641.
Ark. Code Ann. § 20-15-605 — AR Code / Title 20 / Chapter 15 / Subchapter 6 / Section 20-15-605
State Kidney Disease Commission - Disbursement of funds
Status: in_force

(a) The Secretary of the Department of Health shall be the disbursing officer of funds appropriated by the General Assembly and of other funds made available to the State Kidney Disease Commission for such purposes. These funds are to provide monetary assistance to defray the cost incurred by patients suffering from acute or chronic renal disease who are unable to meet the total cost of their care or treatment from their own resources or from third-party resources. (b) The secretary shall be governed by the policies, rules, and procedures promulgated by the commission in disbursing funds appropriated, or otherwise made available, to the commission for renal disease treatment purposes. Amended by Act 2019, No. 315,§ 1938, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5001, eff. 7/1/2019. Acts 1971, No. 450, § 6; A.S.A. 1947, § 82-2506; Acts 1991, No. 848, § 2.

(a) The Secretary of the Department of Health shall be the disbursing officer of funds appropriated by the General Assembly and of other funds made available to the State Kidney Disease Commission for such purposes. These funds are to provide monetary assistance to defray the cost incurred by patients suffering from acute or chronic renal disease who are unable to meet the total cost of their care or treatment from their own resources or from third-party resources.

(b) The secretary shall be governed by the policies, rules, and procedures promulgated by the commission in disbursing funds appropriated, or otherwise made available, to the commission for renal disease treatment purposes.

Amended by Act 2019, No. 315,§ 1938, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5001, eff. 7/1/2019.

Acts 1971, No. 450, § 6; A.S.A. 1947, § 82-2506; Acts 1991, No. 848, § 2.
Ark. Code Ann. § 20-57-309 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-309
Labeling - Bread and flour
Status: in_force

It shall be unlawful to sell or offer for sale in this state any enriched flour or enriched bread which fails to conform to the labeling of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated thereunder by the appropriate agency with respect to flour or bread introduced into interstate commerce. Acts 1945, No. 214, § 6; A.S.A. 1947, § 82-939.

It shall be unlawful to sell or offer for sale in this state any enriched flour or enriched bread which fails to conform to the labeling of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated thereunder by the appropriate agency with respect to flour or bread introduced into interstate commerce.

Acts 1945, No. 214, § 6; A.S.A. 1947, § 82-939.
Ark. Code Ann. § 20-26-204 — AR Code / Title 20 / Chapter 26 / Subchapter 2 / Section 20-26-204
Penalties
Status: in_force

Any person violating any provision of this subchapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding three (3) months, or by both fine and imprisonment. Acts 1945, No. 110, § 6; A.S.A. 1947, § 71-1106.

Any person violating any provision of this subchapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding three (3) months, or by both fine and imprisonment.

Acts 1945, No. 110, § 6; A.S.A. 1947, § 71-1106.
Ark. Code Ann. § 20-10-218 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-218
Construction program - Federal funds for surveying and planning
Status: in_force

(a) The Department of Human Services may make application to the United States Surgeon General for, and receive, federal funds to assist in carrying out the survey and planning activities provided for in § 20-10-217 . (b) The funds shall be deposited with the Treasurer of State as a trust fund designated "Hospital and Medical Facility Survey and Planning Fund", which shall be kept separate and apart from all public funds of the state and shall be available to the department for expenditure in carrying out the survey and planning activities provided. (c) Any funds received and not expended for such purposes shall be repaid to the United States Treasury. (d) Warrants for all payments from the fund shall bear the signature of the Director of the Department of Human Services or his or her agent. Acts 1961, No. 414, § 11; A.S.A. 1947, § 82-337.

(a) The Department of Human Services may make application to the United States Surgeon General for, and receive, federal funds to assist in carrying out the survey and planning activities provided for in § 20-10-217 .

(b) The funds shall be deposited with the Treasurer of State as a trust fund designated "Hospital and Medical Facility Survey and Planning Fund", which shall be kept separate and apart from all public funds of the state and shall be available to the department for expenditure in carrying out the survey and planning activities provided.

(c) Any funds received and not expended for such purposes shall be repaid to the United States Treasury.

(d) Warrants for all payments from the fund shall bear the signature of the Director of the Department of Human Services or his or her agent.

Acts 1961, No. 414, § 11; A.S.A. 1947, § 82-337.
Ark. Code Ann. § 20-77-111 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-111
Data reports
Status: in_force

(a) The Secretary of the Department of Human Services shall cause to be prepared a compilation of data on the Arkansas Medicaid Program. (b) (1) The report shall be issued quarterly and shall include comparisons of expenditures and recipients for the quarter with those of the previous quarters and for the same period the previous year. (2) It shall include other comparisons in the format as may be requested by the Legislative Council, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to which the reports are to be delivered. (c) (1) The report shall also identify any changes in eligibility requirements, level of benefits, methods or rates of reimbursement, and any program adjustments implemented to achieve savings in any category of the program. (2) The report shall also identify any increase or decrease in expenditures as a result of any of these changes in the program. Amended by Act 2019, No. 910,§ 5221, eff. 7/1/2019. Amended by Act 2013, No. 1132,§ 47, eff. 8/16/2013. Acts 1993, No. 1239, § 117; 1997, No. 179, § 32; 2003, No. 1473, § 44.

(a) The Secretary of the Department of Human Services shall cause to be prepared a compilation of data on the Arkansas Medicaid Program.

(b) (1) The report shall be issued quarterly and shall include comparisons of expenditures and recipients for the quarter with those of the previous quarters and for the same period the previous year. (2) It shall include other comparisons in the format as may be requested by the Legislative Council, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to which the reports are to be delivered.

(1) The report shall be issued quarterly and shall include comparisons of expenditures and recipients for the quarter with those of the previous quarters and for the same period the previous year.

(2) It shall include other comparisons in the format as may be requested by the Legislative Council, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to which the reports are to be delivered.

(c) (1) The report shall also identify any changes in eligibility requirements, level of benefits, methods or rates of reimbursement, and any program adjustments implemented to achieve savings in any category of the program. (2) The report shall also identify any increase or decrease in expenditures as a result of any of these changes in the program.

(1) The report shall also identify any changes in eligibility requirements, level of benefits, methods or rates of reimbursement, and any program adjustments implemented to achieve savings in any category of the program.

(2) The report shall also identify any increase or decrease in expenditures as a result of any of these changes in the program.

Amended by Act 2019, No. 910,§ 5221, eff. 7/1/2019.

Amended by Act 2013, No. 1132,§ 47, eff. 8/16/2013.

Acts 1993, No. 1239, § 117; 1997, No. 179, § 32; 2003, No. 1473, § 44.
Ark. Code Ann. § 20-64-903 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-903
Authority - Exemptions - Current programs
Status: in_force

(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt rules for the licensure of alcohol and drug abuse treatment programs in Arkansas. (2) All persons, partnerships, associations, or corporations establishing, conducting, managing, or operating and holding themselves out to the public as alcohol abuse, drug abuse, or alcohol and drug abuse treatment programs shall be licensed by the division unless expressly exempted under this subchapter. (3) No person, partnership, association, or corporation will be allowed to receive federal or state funds for treatment services until it has received a license. (b) The following programs and persons are exempted from the requirements of this subchapter: (1) Acute care, hospital-based alcohol and drug abuse treatment programs governed by §§ 20-9-201 and 20-10-213 ; (2) Members of the clergy, Christian Science practitioners, and licensed professionals working within the standards of their respective professions, including without limitation: (A) Attorneys; (B) Counselors; (C) Nurses; (D) Physicians; (E) Psychological examiners; (F) Psychologists; (G) School counselors; and (H) Social workers; (3) Treatment directly administered by the United States Department of Defense or any other federal agency; and (4) Self-help or twelve-step programs such as Alcoholics Anonymous, Cocaine Anonymous, Narcotics Anonymous, Al-Anon, or Nar-Anon Family Groups. (c) (1) The division shall license programs, other than methadone programs, that possess current unrestricted alcohol and drug abuse treatment program accreditation from the CARF International or the Council on Accreditation if the programs comply with the following license standards: (A) Clinical supervision; (B) Health and safety; (C) Physical plant; (D) Progress note development; (E) Treatment plan development; and (F) Treatment plan review. (2) (A) This subsection does not apply to methadone treatment programs operating in the State of Arkansas. (B) All methadone treatment programs shall be licensed by the division. Amended by Act 2017, No. 913,§ 101, eff. 8/1/2017. Amended by Act 2013, No. 1132,§ 38, eff. 8/16/2013. Amended by Act 2013, No. 1107,§ 32, eff. 8/16/2013. Acts 1995, No. 173, §§ 3, 4; 1999, No. 12, § 1; 2003, No. 761, § 1; 2011, No. 228, § 2.

(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt rules for the licensure of alcohol and drug abuse treatment programs in Arkansas. (2) All persons, partnerships, associations, or corporations establishing, conducting, managing, or operating and holding themselves out to the public as alcohol abuse, drug abuse, or alcohol and drug abuse treatment programs shall be licensed by the division unless expressly exempted under this subchapter. (3) No person, partnership, association, or corporation will be allowed to receive federal or state funds for treatment services until it has received a license.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt rules for the licensure of alcohol and drug abuse treatment programs in Arkansas.

(2) All persons, partnerships, associations, or corporations establishing, conducting, managing, or operating and holding themselves out to the public as alcohol abuse, drug abuse, or alcohol and drug abuse treatment programs shall be licensed by the division unless expressly exempted under this subchapter.

(3) No person, partnership, association, or corporation will be allowed to receive federal or state funds for treatment services until it has received a license.

(b) The following programs and persons are exempted from the requirements of this subchapter: (1) Acute care, hospital-based alcohol and drug abuse treatment programs governed by §§ 20-9-201 and 20-10-213 ; (2) Members of the clergy, Christian Science practitioners, and licensed professionals working within the standards of their respective professions, including without limitation: (A) Attorneys; (B) Counselors; (C) Nurses; (D) Physicians; (E) Psychological examiners; (F) Psychologists; (G) School counselors; and (H) Social workers; (3) Treatment directly administered by the United States Department of Defense or any other federal agency; and (4) Self-help or twelve-step programs such as Alcoholics Anonymous, Cocaine Anonymous, Narcotics Anonymous, Al-Anon, or Nar-Anon Family Groups.

(1) Acute care, hospital-based alcohol and drug abuse treatment programs governed by §§ 20-9-201 and 20-10-213 ;

(2) Members of the clergy, Christian Science practitioners, and licensed professionals working within the standards of their respective professions, including without limitation: (A) Attorneys; (B) Counselors; (C) Nurses; (D) Physicians; (E) Psychological examiners; (F) Psychologists; (G) School counselors; and (H) Social workers;

(A) Attorneys;

(B) Counselors;

(C) Nurses;

(D) Physicians;

(E) Psychological examiners;

(F) Psychologists;

(G) School counselors; and

(H) Social workers;

(3) Treatment directly administered by the United States Department of Defense or any other federal agency; and

(4) Self-help or twelve-step programs such as Alcoholics Anonymous, Cocaine Anonymous, Narcotics Anonymous, Al-Anon, or Nar-Anon Family Groups.

(c) (1) The division shall license programs, other than methadone programs, that possess current unrestricted alcohol and drug abuse treatment program accreditation from the CARF International or the Council on Accreditation if the programs comply with the following license standards: (A) Clinical supervision; (B) Health and safety; (C) Physical plant; (D) Progress note development; (E) Treatment plan development; and (F) Treatment plan review. (2) (A) This subsection does not apply to methadone treatment programs operating in the State of Arkansas. (B) All methadone treatment programs shall be licensed by the division.

(1) The division shall license programs, other than methadone programs, that possess current unrestricted alcohol and drug abuse treatment program accreditation from the CARF International or the Council on Accreditation if the programs comply with the following license standards: (A) Clinical supervision; (B) Health and safety; (C) Physical plant; (D) Progress note development; (E) Treatment plan development; and (F) Treatment plan review.

(A) Clinical supervision;

(B) Health and safety;

(C) Physical plant;

(D) Progress note development;

(E) Treatment plan development; and

(F) Treatment plan review.

(2) (A) This subsection does not apply to methadone treatment programs operating in the State of Arkansas. (B) All methadone treatment programs shall be licensed by the division.

(A) This subsection does not apply to methadone treatment programs operating in the State of Arkansas.

(B) All methadone treatment programs shall be licensed by the division.

Amended by Act 2017, No. 913,§ 101, eff. 8/1/2017.

Amended by Act 2013, No. 1132,§ 38, eff. 8/16/2013.

Amended by Act 2013, No. 1107,§ 32, eff. 8/16/2013.

Acts 1995, No. 173, §§ 3, 4; 1999, No. 12, § 1; 2003, No. 761, § 1; 2011, No. 228, § 2.
Ark. Code Ann. § 20-56-409 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-409
[See Note] Advertising prohibitions and packaging requirements
Status: in_force

(a) A hemp-derived product distributed or offered for sale in this state shall include the following information on the product label or product packaging: (1) The name of the hemp-derived product manufacturer, whether in-state or out-of-state, and distributor, whether in-state or out-of-state; (2) Product labeling clearly showing that the product contains material derived from hemp and not marijuana or medical marijuana; and (3) Any other marking, words, statement, or symbol as required by Arkansas Tobacco Control through rules. (b) A person shall not advertise, market, or offer for sale in this state any hemp-derived product by using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that: (1) Imitates or replicates those of food brands or other related products that are marketed to or are commonly associated with children or minors, including without limitation breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops; (2) Depicts or signifies characters or symbols that are known to a reasonable person to appeal primarily to or are commonly associated with children or minors, including without limitation superheroes, cartoons or cartoon characters, including anime characters, comic book characters, video game characters, television show characters, movie characters, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery; or (3) Uses the terms "candy", "candies", "cake", "cakes", "pies", or "cupcakes" or any variant of these terms, or any other term referencing a type or brand of candy, cakes, pastries, or pies, including types or brands of candy, cakes, pastries, or pies that do not include the words "candy", "candies", "cake", "cakes", "pies", or "cupcakes" in their names, labels, or slogans. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) A hemp-derived product distributed or offered for sale in this state shall include the following information on the product label or product packaging: (1) The name of the hemp-derived product manufacturer, whether in-state or out-of-state, and distributor, whether in-state or out-of-state; (2) Product labeling clearly showing that the product contains material derived from hemp and not marijuana or medical marijuana; and (3) Any other marking, words, statement, or symbol as required by Arkansas Tobacco Control through rules.

(1) The name of the hemp-derived product manufacturer, whether in-state or out-of-state, and distributor, whether in-state or out-of-state;

(2) Product labeling clearly showing that the product contains material derived from hemp and not marijuana or medical marijuana; and

(3) Any other marking, words, statement, or symbol as required by Arkansas Tobacco Control through rules.

(b) A person shall not advertise, market, or offer for sale in this state any hemp-derived product by using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that: (1) Imitates or replicates those of food brands or other related products that are marketed to or are commonly associated with children or minors, including without limitation breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops; (2) Depicts or signifies characters or symbols that are known to a reasonable person to appeal primarily to or are commonly associated with children or minors, including without limitation superheroes, cartoons or cartoon characters, including anime characters, comic book characters, video game characters, television show characters, movie characters, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery; or (3) Uses the terms "candy", "candies", "cake", "cakes", "pies", or "cupcakes" or any variant of these terms, or any other term referencing a type or brand of candy, cakes, pastries, or pies, including types or brands of candy, cakes, pastries, or pies that do not include the words "candy", "candies", "cake", "cakes", "pies", or "cupcakes" in their names, labels, or slogans.

(1) Imitates or replicates those of food brands or other related products that are marketed to or are commonly associated with children or minors, including without limitation breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops;

(2) Depicts or signifies characters or symbols that are known to a reasonable person to appeal primarily to or are commonly associated with children or minors, including without limitation superheroes, cartoons or cartoon characters, including anime characters, comic book characters, video game characters, television show characters, movie characters, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery; or

(3) Uses the terms "candy", "candies", "cake", "cakes", "pies", or "cupcakes" or any variant of these terms, or any other term referencing a type or brand of candy, cakes, pastries, or pies, including types or brands of candy, cakes, pastries, or pies that do not include the words "candy", "candies", "cake", "cakes", "pies", or "cupcakes" in their names, labels, or slogans.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-48-1104 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1104
Determination of underserved status for expansion of services
Status: in_force

(a) An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services of the Department of Human Services determines that a county is underserved with regard to: (1) Early intervention day treatment services; or (2) A specific category of early intervention day treatment services currently offered to children with developmental disabilities or delays. (b) As a condition of the issuance of a new certification to operate a child health management services program, a new license to operate a developmental day treatment clinic services program for children, or a new certification or license for a successor program, the division must determine that a county of the state is underserved in accordance with subsection (a) of this section. (c) (1) The division shall have sixty (60) days from the date of an application for expansion of early intervention day treatment services in which to determine whether a county is underserved under subsection (a) of this section. (2) (A) The division shall provide the applicant with a written report of its findings and conclusions by certified mail. (B) The division shall provide a copy of the report to the appropriate licensing or certification authority of the applicant. (3) If the division determines that the county is not underserved under subsection (a) of this section, the applicant shall have thirty (30) days from the date of the applicant's receipt of the written report in which to appeal the determination to the Office of Appeals and Hearings of the Department of Human Services under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

(a) An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services of the Department of Human Services determines that a county is underserved with regard to: (1) Early intervention day treatment services; or (2) A specific category of early intervention day treatment services currently offered to children with developmental disabilities or delays.

(1) Early intervention day treatment services; or

(2) A specific category of early intervention day treatment services currently offered to children with developmental disabilities or delays.

(b) As a condition of the issuance of a new certification to operate a child health management services program, a new license to operate a developmental day treatment clinic services program for children, or a new certification or license for a successor program, the division must determine that a county of the state is underserved in accordance with subsection (a) of this section.

(c) (1) The division shall have sixty (60) days from the date of an application for expansion of early intervention day treatment services in which to determine whether a county is underserved under subsection (a) of this section. (2) (A) The division shall provide the applicant with a written report of its findings and conclusions by certified mail. (B) The division shall provide a copy of the report to the appropriate licensing or certification authority of the applicant. (3) If the division determines that the county is not underserved under subsection (a) of this section, the applicant shall have thirty (30) days from the date of the applicant's receipt of the written report in which to appeal the determination to the Office of Appeals and Hearings of the Department of Human Services under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The division shall have sixty (60) days from the date of an application for expansion of early intervention day treatment services in which to determine whether a county is underserved under subsection (a) of this section.

(2) (A) The division shall provide the applicant with a written report of its findings and conclusions by certified mail. (B) The division shall provide a copy of the report to the appropriate licensing or certification authority of the applicant.

(A) The division shall provide the applicant with a written report of its findings and conclusions by certified mail.

(B) The division shall provide a copy of the report to the appropriate licensing or certification authority of the applicant.

(3) If the division determines that the county is not underserved under subsection (a) of this section, the applicant shall have thirty (30) days from the date of the applicant's receipt of the written report in which to appeal the determination to the Office of Appeals and Hearings of the Department of Human Services under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-13-108 — AR Code / Title 20 / Chapter 13 / Subchapter 1 / Section 20-13-108
Ambulance service - Triage, treat, and transport to alternative destination - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Alternative destination" means a lower-acuity facility that provides medical services, including without limitation: (i) A federally qualified health center; (ii) An urgent care center; (iii) A physician office or medical clinic, as selected by the patient; and (iv) A behavioral or mental healthcare facility including without limitation a crisis stabilization unit. (B) "Alternative destination" does not include a: (i) Critical access hospital; (ii) Dialysis center; (iii) Hospital; (iv) Private residence; or (v) Skilled nursing facility; (2) "Ambulance service" means an entity that provides transportation and emergency medical services to a patient and is: (A) Licensed to service a designated area in this state through a basic 911 system under the Arkansas Public Safety Communications and Next Generation 911 Act of 2019, § 12-10-301 et seq.; (B) Authorized and licensed by the Department of Health to provide care and transportation of patients upon the streets and highways of Arkansas; and (C) Licensed under the Ambulance Licensing Act, § 14-266-101 et seq.; and (3) (A) "Telemedicine" means the use of audiovisual electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient. (B) "Telemedicine" includes store-and-forward technology and remote patient monitoring. (C) "Telemedicine" does not include the use of audio-only electronic technology. (b) An ambulance service's operators may triage and transport a patient to an alternative destination in this state or treat in place if the ambulance service is coordinating the care of the patient through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint. Added by Act 2023, No. 480,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) (A) "Alternative destination" means a lower-acuity facility that provides medical services, including without limitation: (i) A federally qualified health center; (ii) An urgent care center; (iii) A physician office or medical clinic, as selected by the patient; and (iv) A behavioral or mental healthcare facility including without limitation a crisis stabilization unit. (B) "Alternative destination" does not include a: (i) Critical access hospital; (ii) Dialysis center; (iii) Hospital; (iv) Private residence; or (v) Skilled nursing facility; (2) "Ambulance service" means an entity that provides transportation and emergency medical services to a patient and is: (A) Licensed to service a designated area in this state through a basic 911 system under the Arkansas Public Safety Communications and Next Generation 911 Act of 2019, § 12-10-301 et seq.; (B) Authorized and licensed by the Department of Health to provide care and transportation of patients upon the streets and highways of Arkansas; and (C) Licensed under the Ambulance Licensing Act, § 14-266-101 et seq.; and (3) (A) "Telemedicine" means the use of audiovisual electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient. (B) "Telemedicine" includes store-and-forward technology and remote patient monitoring. (C) "Telemedicine" does not include the use of audio-only electronic technology.

(1) (A) "Alternative destination" means a lower-acuity facility that provides medical services, including without limitation: (i) A federally qualified health center; (ii) An urgent care center; (iii) A physician office or medical clinic, as selected by the patient; and (iv) A behavioral or mental healthcare facility including without limitation a crisis stabilization unit. (B) "Alternative destination" does not include a: (i) Critical access hospital; (ii) Dialysis center; (iii) Hospital; (iv) Private residence; or (v) Skilled nursing facility;

(A) "Alternative destination" means a lower-acuity facility that provides medical services, including without limitation: (i) A federally qualified health center; (ii) An urgent care center; (iii) A physician office or medical clinic, as selected by the patient; and (iv) A behavioral or mental healthcare facility including without limitation a crisis stabilization unit.

(i) A federally qualified health center;

(ii) An urgent care center;

(iii) A physician office or medical clinic, as selected by the patient; and

(iv) A behavioral or mental healthcare facility including without limitation a crisis stabilization unit.

(B) "Alternative destination" does not include a: (i) Critical access hospital; (ii) Dialysis center; (iii) Hospital; (iv) Private residence; or (v) Skilled nursing facility;

(i) Critical access hospital;

(ii) Dialysis center;

(iii) Hospital;

(iv) Private residence; or

(v) Skilled nursing facility;

(2) "Ambulance service" means an entity that provides transportation and emergency medical services to a patient and is: (A) Licensed to service a designated area in this state through a basic 911 system under the Arkansas Public Safety Communications and Next Generation 911 Act of 2019, § 12-10-301 et seq.; (B) Authorized and licensed by the Department of Health to provide care and transportation of patients upon the streets and highways of Arkansas; and (C) Licensed under the Ambulance Licensing Act, § 14-266-101 et seq.; and

(A) Licensed to service a designated area in this state through a basic 911 system under the Arkansas Public Safety Communications and Next Generation 911 Act of 2019, § 12-10-301 et seq.;

(B) Authorized and licensed by the Department of Health to provide care and transportation of patients upon the streets and highways of Arkansas; and

(C) Licensed under the Ambulance Licensing Act, § 14-266-101 et seq.; and

(3) (A) "Telemedicine" means the use of audiovisual electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient. (B) "Telemedicine" includes store-and-forward technology and remote patient monitoring. (C) "Telemedicine" does not include the use of audio-only electronic technology.

(A) "Telemedicine" means the use of audiovisual electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient.

(B) "Telemedicine" includes store-and-forward technology and remote patient monitoring.

(C) "Telemedicine" does not include the use of audio-only electronic technology.

(b) An ambulance service's operators may triage and transport a patient to an alternative destination in this state or treat in place if the ambulance service is coordinating the care of the patient through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint.

Added by Act 2023, No. 480,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-77-139 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-139
Elimination of waiting list
Status: in_force

(a) The Department of Human Services shall eliminate the waiting list as existing on March 1, 2019, for the Alternative Community Services Waiver Program, also known as the "Developmental Disabilities Waiver", or successor program. (b) The department shall meet the requirements of subsection (a) of this section as soon as possible but no later than three (3) years after July 24, 2019 by using available funding streams, unless the department determines that an adequate number of providers for individuals with developmental disabilities does not exist within the state. (c) An individual who applies for coverage or enrolls in the program after March 1, 2019, may be placed on a waiting list if the department determines that adequate funding streams or resources are not available at the time of application or enrollment. Added by Act 2019, No. 1033,§ 1, eff. 7/24/2019.

(a) The Department of Human Services shall eliminate the waiting list as existing on March 1, 2019, for the Alternative Community Services Waiver Program, also known as the "Developmental Disabilities Waiver", or successor program.

(b) The department shall meet the requirements of subsection (a) of this section as soon as possible but no later than three (3) years after July 24, 2019 by using available funding streams, unless the department determines that an adequate number of providers for individuals with developmental disabilities does not exist within the state.

(c) An individual who applies for coverage or enrolls in the program after March 1, 2019, may be placed on a waiting list if the department determines that adequate funding streams or resources are not available at the time of application or enrollment.

Added by Act 2019, No. 1033,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-14-501 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-501
Legislative determination
Status: in_force

(a) The General Assembly finds that there is an urgent and substantial need to: (1) Enhance the development of infants and toddlers with developmental delays and to minimize their potential for developmental delay; (2) Reduce the educational costs to our society, including our state's schools, by minimizing the need for special education and related services after the infants and toddlers with developmental delays reach school age; (3) Minimize the likelihood of institutionalization of infants and toddlers with developmental delays and to maximize the potential for their independent living in society; and (4) Enhance the capacity of families to meet the special needs of their infants and toddlers with developmental delays. (b) It is therefore the policy of this state to: (1) Develop and implement a statewide, comprehensive, coordinated, multidisciplinary interagency program of early intervention services for infants and toddlers with developmental delays and their families; (2) Coordinate payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage; and (3) Provide quality early intervention services and to expand and improve existing early intervention services being provided to infants and toddlers with developmental delays and their families. Acts 1987, No. 658, § 1.

(a) The General Assembly finds that there is an urgent and substantial need to: (1) Enhance the development of infants and toddlers with developmental delays and to minimize their potential for developmental delay; (2) Reduce the educational costs to our society, including our state's schools, by minimizing the need for special education and related services after the infants and toddlers with developmental delays reach school age; (3) Minimize the likelihood of institutionalization of infants and toddlers with developmental delays and to maximize the potential for their independent living in society; and (4) Enhance the capacity of families to meet the special needs of their infants and toddlers with developmental delays.

(1) Enhance the development of infants and toddlers with developmental delays and to minimize their potential for developmental delay;

(2) Reduce the educational costs to our society, including our state's schools, by minimizing the need for special education and related services after the infants and toddlers with developmental delays reach school age;

(3) Minimize the likelihood of institutionalization of infants and toddlers with developmental delays and to maximize the potential for their independent living in society; and

(4) Enhance the capacity of families to meet the special needs of their infants and toddlers with developmental delays.

(b) It is therefore the policy of this state to: (1) Develop and implement a statewide, comprehensive, coordinated, multidisciplinary interagency program of early intervention services for infants and toddlers with developmental delays and their families; (2) Coordinate payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage; and (3) Provide quality early intervention services and to expand and improve existing early intervention services being provided to infants and toddlers with developmental delays and their families.

(1) Develop and implement a statewide, comprehensive, coordinated, multidisciplinary interagency program of early intervention services for infants and toddlers with developmental delays and their families;

(2) Coordinate payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage; and

(3) Provide quality early intervention services and to expand and improve existing early intervention services being provided to infants and toddlers with developmental delays and their families.

Acts 1987, No. 658, § 1.
Ark. Code Ann. § 20-49-101 — AR Code / Title 20 / Chapter 49 / Subchapter 1 / Section 20-49-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Court" shall mean circuit court; (2) "Guardian" shall mean one appointed to have the care and custody of the person of an incompetent person; and (3) "Incompetent person" shall mean a person as to whom it is proved: (A) He or she is incapable of caring for himself or herself by reason of intellectual and developmental disability, mental illness, imbecility, idiocy, or other mental incapacity; (B) He or she manifests sexual inclinations which make it probable that he or she will procreate children unless he or she is rendered incapable of procreation; and (C) There is no probability that his or her condition will improve so that he or she will become capable of caring for himself or herself. Amended by Act 2019, No. 1035,§ 48, eff. 7/24/2019. Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

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

(1) "Court" shall mean circuit court;

(2) "Guardian" shall mean one appointed to have the care and custody of the person of an incompetent person; and

(3) "Incompetent person" shall mean a person as to whom it is proved: (A) He or she is incapable of caring for himself or herself by reason of intellectual and developmental disability, mental illness, imbecility, idiocy, or other mental incapacity; (B) He or she manifests sexual inclinations which make it probable that he or she will procreate children unless he or she is rendered incapable of procreation; and (C) There is no probability that his or her condition will improve so that he or she will become capable of caring for himself or herself.

(A) He or she is incapable of caring for himself or herself by reason of intellectual and developmental disability, mental illness, imbecility, idiocy, or other mental incapacity;

(B) He or she manifests sexual inclinations which make it probable that he or she will procreate children unless he or she is rendered incapable of procreation; and

(C) There is no probability that his or her condition will improve so that he or she will become capable of caring for himself or herself.

Amended by Act 2019, No. 1035,§ 48, eff. 7/24/2019.

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-56-406 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-406
[See Note] Permits - Annual privilege fees
Status: in_force

(a) The annual privilege fee for each permit authorized by this subchapter is established as follows: (1) Wholesale Hemp-derived Products Permit...............$5,000 (2) Retail Hemp-derived Products Permit...............$5,000 (3) Manufacturer Hemp-derived Products Permit...............$5,000 (b) (1) All permits issued under this subchapter shall expire on June 30 following the effective date of issuance. (2) (A) Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit. (B) An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit. (3) A permit shall not be issued to the applicant until the late fee and the permit fee have been paid. (c) A permit issued under this subchapter shall not be renewed for a permit holder who is delinquent more than ninety (90) days on a privilege fee, tax relating to the sale or dispensing of hemp-derived products, or any other state and local tax due to the Secretary of the Department of Finance and Administration. (d) A person who is delinquent more than ninety (90) days on a state or local tax may not renew or obtain a permit issued under this subchapter except upon certification that the permit holder has entered into a repayment agreement with the Department of Finance and Administration and is current on the payments. (e) A permit holder who has unpaid fees, civil penalties, or an unserved permit suspension may not transfer, sell, or give hemp-derived product inventory of the business associated with the permit to a third party until all fees and civil penalties are paid in full and all suspensions are completed successfully, nor shall any third party be issued a new permit for the business location. (f) Each manufacturer, wholesaler, and retailer shall retain copies of all invoices for the purchase or sale of any hemp-derived products for a period of at least ten (10) years subject to examination by the Secretary of the Department of Finance and Administration and the Director of Arkansas Tobacco Control or their authorized agents upon demand at any time during regular business hours. (g) A retailer shall: (1) Maintain copies of at least the last three hundred sixty-five (365) days of hemp-derived product invoices, which the retailer shall provide immediately upon demand; (2) (A) Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store. (B) Except as provided in subdivision (g)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section. (C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection; (3) Retain invoices for all hemp-derived products in the retail store even if the invoice for the hemp-derived products is older than three (3) years; (4) Maintain a copy of the signed server awareness forms for each employee of the retailer who engages in the sale of hemp-derived products, which the retailer shall provide immediately upon demand; (5) (A) Maintain a copy of any complete transfer forms showing: (i) The hemp-derived products that were transferred; (ii) The permitted location from which the hemp-derived products were transferred; and (iii) When the transfer occurred. (B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and (6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the retailer shall provide immediately upon demand. (h) A wholesaler and manufacturer shall: (1) Maintain ten (10) years of hemp-derived product invoices that are available upon demand during normal business hours in the permitted location; and (2) Permit Arkansas Tobacco Control and authorized personnel of Arkansas Tobacco Control to enter into and inspect stock of hemp-derived products, and any documents and records relating to receipts and disbursements of hemp-derived products. (i) An invoice from a wholesaler to a retailer shall contain the name or other identifying information of the wholesaler and the retailer. (j) (1) A nonresident wholesaler shall also keep a record of all hemp-derived products purchased for distribution within this state. (2) All books, records, and memoranda pertaining to the purchase and sale of the hemp-derived products under subdivision (j)(1) of this section shall be subject to inspection by Arkansas Tobacco Control. (k) Authorized personnel of Arkansas Tobacco Control shall not release to the Arkansas Tobacco Control Board or to the public any information identifying customers of the manufacturer, wholesaler, or warehouse except when necessary to notify the board of alleged violations of this subchapter. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) The annual privilege fee for each permit authorized by this subchapter is established as follows: (1) Wholesale Hemp-derived Products Permit...............$5,000 (2) Retail Hemp-derived Products Permit...............$5,000 (3) Manufacturer Hemp-derived Products Permit...............$5,000

(1) Wholesale Hemp-derived Products Permit...............$5,000

(2) Retail Hemp-derived Products Permit...............$5,000

(3) Manufacturer Hemp-derived Products Permit...............$5,000

(b) (1) All permits issued under this subchapter shall expire on June 30 following the effective date of issuance. (2) (A) Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit. (B) An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit. (3) A permit shall not be issued to the applicant until the late fee and the permit fee have been paid.

(1) All permits issued under this subchapter shall expire on June 30 following the effective date of issuance.

(2) (A) Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit. (B) An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit.

(A) Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit.

(B) An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit.

(3) A permit shall not be issued to the applicant until the late fee and the permit fee have been paid.

(c) A permit issued under this subchapter shall not be renewed for a permit holder who is delinquent more than ninety (90) days on a privilege fee, tax relating to the sale or dispensing of hemp-derived products, or any other state and local tax due to the Secretary of the Department of Finance and Administration.

(d) A person who is delinquent more than ninety (90) days on a state or local tax may not renew or obtain a permit issued under this subchapter except upon certification that the permit holder has entered into a repayment agreement with the Department of Finance and Administration and is current on the payments.

(e) A permit holder who has unpaid fees, civil penalties, or an unserved permit suspension may not transfer, sell, or give hemp-derived product inventory of the business associated with the permit to a third party until all fees and civil penalties are paid in full and all suspensions are completed successfully, nor shall any third party be issued a new permit for the business location.

(f) Each manufacturer, wholesaler, and retailer shall retain copies of all invoices for the purchase or sale of any hemp-derived products for a period of at least ten (10) years subject to examination by the Secretary of the Department of Finance and Administration and the Director of Arkansas Tobacco Control or their authorized agents upon demand at any time during regular business hours.

(g) A retailer shall: (1) Maintain copies of at least the last three hundred sixty-five (365) days of hemp-derived product invoices, which the retailer shall provide immediately upon demand; (2) (A) Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store. (B) Except as provided in subdivision (g)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section. (C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection; (3) Retain invoices for all hemp-derived products in the retail store even if the invoice for the hemp-derived products is older than three (3) years; (4) Maintain a copy of the signed server awareness forms for each employee of the retailer who engages in the sale of hemp-derived products, which the retailer shall provide immediately upon demand; (5) (A) Maintain a copy of any complete transfer forms showing: (i) The hemp-derived products that were transferred; (ii) The permitted location from which the hemp-derived products were transferred; and (iii) When the transfer occurred. (B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and (6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the retailer shall provide immediately upon demand.

(1) Maintain copies of at least the last three hundred sixty-five (365) days of hemp-derived product invoices, which the retailer shall provide immediately upon demand;

(2) (A) Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store. (B) Except as provided in subdivision (g)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section. (C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;

(A) Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store.

(B) Except as provided in subdivision (g)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section.

(C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;

(3) Retain invoices for all hemp-derived products in the retail store even if the invoice for the hemp-derived products is older than three (3) years;

(4) Maintain a copy of the signed server awareness forms for each employee of the retailer who engages in the sale of hemp-derived products, which the retailer shall provide immediately upon demand;

(5) (A) Maintain a copy of any complete transfer forms showing: (i) The hemp-derived products that were transferred; (ii) The permitted location from which the hemp-derived products were transferred; and (iii) When the transfer occurred. (B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and

(A) Maintain a copy of any complete transfer forms showing: (i) The hemp-derived products that were transferred; (ii) The permitted location from which the hemp-derived products were transferred; and (iii) When the transfer occurred.

(i) The hemp-derived products that were transferred;

(ii) The permitted location from which the hemp-derived products were transferred; and

(iii) When the transfer occurred.

(B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and

(6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the retailer shall provide immediately upon demand.

(h) A wholesaler and manufacturer shall: (1) Maintain ten (10) years of hemp-derived product invoices that are available upon demand during normal business hours in the permitted location; and (2) Permit Arkansas Tobacco Control and authorized personnel of Arkansas Tobacco Control to enter into and inspect stock of hemp-derived products, and any documents and records relating to receipts and disbursements of hemp-derived products.

(1) Maintain ten (10) years of hemp-derived product invoices that are available upon demand during normal business hours in the permitted location; and

(2) Permit Arkansas Tobacco Control and authorized personnel of Arkansas Tobacco Control to enter into and inspect stock of hemp-derived products, and any documents and records relating to receipts and disbursements of hemp-derived products.

(i) An invoice from a wholesaler to a retailer shall contain the name or other identifying information of the wholesaler and the retailer.

(j) (1) A nonresident wholesaler shall also keep a record of all hemp-derived products purchased for distribution within this state. (2) All books, records, and memoranda pertaining to the purchase and sale of the hemp-derived products under subdivision (j)(1) of this section shall be subject to inspection by Arkansas Tobacco Control.

(1) A nonresident wholesaler shall also keep a record of all hemp-derived products purchased for distribution within this state.

(2) All books, records, and memoranda pertaining to the purchase and sale of the hemp-derived products under subdivision (j)(1) of this section shall be subject to inspection by Arkansas Tobacco Control.

(k) Authorized personnel of Arkansas Tobacco Control shall not release to the Arkansas Tobacco Control Board or to the public any information identifying customers of the manufacturer, wholesaler, or warehouse except when necessary to notify the board of alleged violations of this subchapter.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-18-501 — AR Code / Title 20 / Chapter 18 / Subchapter 5 / Section 20-18-501
Marriage registration
Status: in_force

(a) A record of each marriage performed in this state shall be filed with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section. (b) The official who issues the marriage license shall prepare the record on the form prescribed by the State Registrar of Vital Records upon the basis of information obtained from one (1) of the parties to be married. (c) Every person who performs a marriage shall certify the fact of marriage and return the record to the official who issued the license within fifteen (15) days after the ceremony. (d) Every official issuing marriage licenses shall complete and forward to the division on or before the thirtieth day of each calendar month the records of marriages filed with him or her during the preceding calendar month. (e) A marriage record not filed within the time prescribed by statute may be registered in accordance with rules promulgated by the State Board of Health. Amended by Act 2019, No. 315,§ 1974, eff. 7/24/2019. Acts 1981, No. 120, § 18; A.S.A. 1947, § 82-518; Acts 1995, No. 1254, § 23.

(a) A record of each marriage performed in this state shall be filed with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section.

(b) The official who issues the marriage license shall prepare the record on the form prescribed by the State Registrar of Vital Records upon the basis of information obtained from one (1) of the parties to be married.

(c) Every person who performs a marriage shall certify the fact of marriage and return the record to the official who issued the license within fifteen (15) days after the ceremony.

(d) Every official issuing marriage licenses shall complete and forward to the division on or before the thirtieth day of each calendar month the records of marriages filed with him or her during the preceding calendar month.

(e) A marriage record not filed within the time prescribed by statute may be registered in accordance with rules promulgated by the State Board of Health.

Amended by Act 2019, No. 315,§ 1974, eff. 7/24/2019.

Acts 1981, No. 120, § 18; A.S.A. 1947, § 82-518; Acts 1995, No. 1254, § 23.
Ark. Code Ann. § 20-6-308 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-308
Liability
Status: in_force

A healthcare provider, healthcare facility, or employee or agent of the healthcare provider or healthcare facility is not subject to civil or criminal liability or discipline for unprofessional conduct for: (1) Complying with a physician order for life-sustaining treatment form based upon a good-faith assumption that the physician order for life-sustaining treatment form was valid when executed and that the physician order for life-sustaining treatment form was not revoked or terminated; (2) Failing to comply with a physician order for life-sustaining treatment form based upon a good-faith determination that: (A) The physician order for life-sustaining treatment form was not valid; or (B) The physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or healthcare facility; or (3) Declining to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility complies with the requirements of § 20-6-305 . Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

A healthcare provider, healthcare facility, or employee or agent of the healthcare provider or healthcare facility is not subject to civil or criminal liability or discipline for unprofessional conduct for:

(1) Complying with a physician order for life-sustaining treatment form based upon a good-faith assumption that the physician order for life-sustaining treatment form was valid when executed and that the physician order for life-sustaining treatment form was not revoked or terminated;

(2) Failing to comply with a physician order for life-sustaining treatment form based upon a good-faith determination that: (A) The physician order for life-sustaining treatment form was not valid; or (B) The physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or healthcare facility; or

(A) The physician order for life-sustaining treatment form was not valid; or

(B) The physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or healthcare facility; or

(3) Declining to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility complies with the requirements of § 20-6-305 .

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-8-506 — AR Code / Title 20 / Chapter 8 / Subchapter 5 / Section 20-8-506
Arkansas Commission for the Newborn Umbilical Cord Blood Initiative - Powers and duties
Status: in_force

(a) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative shall: (1) Investigate the implementation of this subchapter and recommend improvements in this subchapter to the General Assembly; (2) Make available to the public the records of all meetings of the commission and of all business transacted by the commission; (3) Oversee the operations of the Newborn Umbilical Cord Blood Bank, including without limitation the approval of all fees established to cover administration, collection, and storage costs; (4) Undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness of the blood bank and encouraging donation of postnatal tissue and fluid to the blood bank; (5) Ensure the privacy of persons who donate umbilical cord blood, amniotic fluid, and placental tissue to the blood bank; (6) Develop a plan for making postnatal tissue and fluid collected under the Newborn Umbilical Cord Blood Initiative available for scientific research and medical treatment in compliance with all relevant national practice and quality standards; (7) Develop a plan for private storage of postnatal tissue and fluid for medical treatment; (8) Participate in the National Cord Blood Program and register postnatal tissue and fluid collected with registries operating in connection with the National Cord Blood Program; (9) If funds are available, request the Department of Health to employ staff and enter into contracts necessary to implement this subchapter, and reimburse the department for the cost of implementing this subchapter; and (10) Report annually to the General Assembly on or before October 1 of each year concerning the activities of the commission. (b) The commission may seek additional funding from any source, including without limitation federal grants and private grants. Amended by Act 2019, No. 910,§ 4962, eff. 7/1/2019. Acts 2007, No. 695, § 1.

(a) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative shall: (1) Investigate the implementation of this subchapter and recommend improvements in this subchapter to the General Assembly; (2) Make available to the public the records of all meetings of the commission and of all business transacted by the commission; (3) Oversee the operations of the Newborn Umbilical Cord Blood Bank, including without limitation the approval of all fees established to cover administration, collection, and storage costs; (4) Undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness of the blood bank and encouraging donation of postnatal tissue and fluid to the blood bank; (5) Ensure the privacy of persons who donate umbilical cord blood, amniotic fluid, and placental tissue to the blood bank; (6) Develop a plan for making postnatal tissue and fluid collected under the Newborn Umbilical Cord Blood Initiative available for scientific research and medical treatment in compliance with all relevant national practice and quality standards; (7) Develop a plan for private storage of postnatal tissue and fluid for medical treatment; (8) Participate in the National Cord Blood Program and register postnatal tissue and fluid collected with registries operating in connection with the National Cord Blood Program; (9) If funds are available, request the Department of Health to employ staff and enter into contracts necessary to implement this subchapter, and reimburse the department for the cost of implementing this subchapter; and (10) Report annually to the General Assembly on or before October 1 of each year concerning the activities of the commission.

(1) Investigate the implementation of this subchapter and recommend improvements in this subchapter to the General Assembly;

(2) Make available to the public the records of all meetings of the commission and of all business transacted by the commission;

(3) Oversee the operations of the Newborn Umbilical Cord Blood Bank, including without limitation the approval of all fees established to cover administration, collection, and storage costs;

(4) Undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness of the blood bank and encouraging donation of postnatal tissue and fluid to the blood bank;

(5) Ensure the privacy of persons who donate umbilical cord blood, amniotic fluid, and placental tissue to the blood bank;

(6) Develop a plan for making postnatal tissue and fluid collected under the Newborn Umbilical Cord Blood Initiative available for scientific research and medical treatment in compliance with all relevant national practice and quality standards;

(7) Develop a plan for private storage of postnatal tissue and fluid for medical treatment;

(8) Participate in the National Cord Blood Program and register postnatal tissue and fluid collected with registries operating in connection with the National Cord Blood Program;

(9) If funds are available, request the Department of Health to employ staff and enter into contracts necessary to implement this subchapter, and reimburse the department for the cost of implementing this subchapter; and

(10) Report annually to the General Assembly on or before October 1 of each year concerning the activities of the commission.

(b) The commission may seek additional funding from any source, including without limitation federal grants and private grants.

Amended by Act 2019, No. 910,§ 4962, eff. 7/1/2019.

Acts 2007, No. 695, § 1.
Ark. Code Ann. § 20-16-201 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-201
Establishment - Purpose
Status: in_force

(a) The Arkansas Reproductive Health Monitoring System is established and is to be administered within Arkansas Children's Hospital. (b) The purpose of the system is to collect and analyze data from a number of sources to describe trends in the occurrence of reproductive endpoints, including without limitation congenital anomalies, fetal deaths, stillbirths, and premature births, and to investigate the causes of unexpected reproductive endpoints. Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015. Acts 1985, No. 214, § 1; A.S.A. 1947, § 82-4608.

(a) The Arkansas Reproductive Health Monitoring System is established and is to be administered within Arkansas Children's Hospital.

(b) The purpose of the system is to collect and analyze data from a number of sources to describe trends in the occurrence of reproductive endpoints, including without limitation congenital anomalies, fetal deaths, stillbirths, and premature births, and to investigate the causes of unexpected reproductive endpoints.

Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015.

Acts 1985, No. 214, § 1; A.S.A. 1947, § 82-4608.
Ark. Code Ann. § 20-13-402 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-402
Purpose
Status: in_force

It is the purpose of this subchapter to provide a means of authorizing certain individuals to administer treatment to those persons who have severe adverse reactions to insect stings and other allergic reactions when a physician is not immediately available. Acts 1983, No. 436, § 2; A.S.A. 1947, § 82-4502; Acts 2009, No. 684, § 1.

It is the purpose of this subchapter to provide a means of authorizing certain individuals to administer treatment to those persons who have severe adverse reactions to insect stings and other allergic reactions when a physician is not immediately available.

Acts 1983, No. 436, § 2; A.S.A. 1947, § 82-4502; Acts 2009, No. 684, § 1.
Ark. Code Ann. § 20-9-214 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-214
Issuance of license - Fees
Status: in_force

(a) The State Board of Health shall issue licenses for the operation of institutions, subject to this subchapter, when the institutions are found to comply with the provisions of this subchapter and such rules as are lawfully promulgated by the Department of Health. (b) The Department of Health may levy and collect the following annual fees for issuance of an annual license to hospitals or institutions: Per facility (unless otherwise noted) (1) Hospitals (per bed) $ 6.00 (2) Ambulatory Surgery Center 1,000.00 (3) Rural Emergency Hospital 500.00 (4) Hospital-Based Recuperation Center 275.00 (5) Freestanding Recuperation Center 2,000.00 (6) Hospital-Based Alcohol/Drug Unit 75.00 (7) Freestanding Alcohol/Drug Unit 1,000.00 (8) Hospital-Based Outpatient Psychiatric Center 75.00 (9) Freestanding Outpatient Psychiatric Center 1,000.00 (10) Infirmary 100.00 (11) Reissuance of license due to name/address change 100.00 (c) (1) Applicants for license shall file applications under oath with the Department of Health upon forms prescribed by the Department of Health and shall pay an annual license fee as set forth in subsection (b) of this section, which shall be paid into the State Treasury or refunded to the applicant if a license is denied. (2) (A) The application shall be signed by the owner, if an individual or partnership, in the case of a corporation by two (2) of its officers, or in the case of a governmental unit by the head of the governmental department having jurisdiction over it. (B) Applications shall set forth the full name and address of the institution for which the license is sought and such additional information as the Department of Health may require, including affirmative evidence of ability to comply with such reasonable standards and rules as may be lawfully prescribed in this subchapter. (3) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year. License applications for existing institutions received after January 2 shall be subject to a penalty of one dollar ($1.00) per day for each day after January 2. (d) (1) Licenses issued under this section shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year. (2) A license shall be issued only for the premises and persons in the application and shall not be transferable. (3) Licenses shall be posted in a conspicuous place on the licensed premises. (e) All fees levied and collected under this subchapter are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (f) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to the health facility services that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2023, No. 59,§ 4, eff. 2/13/2023. Amended by Act 2019, No. 315,§ 1835, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1834, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1833, eff. 7/24/2019. Acts 1961, No. 414, § 22; 1965, No. 454, § 2; A.S.A. 1947, § 82-348; Acts 1987, No. 143, §§ 2, 4; 1997, No. 574, § 1.

(a) The State Board of Health shall issue licenses for the operation of institutions, subject to this subchapter, when the institutions are found to comply with the provisions of this subchapter and such rules as are lawfully promulgated by the Department of Health.

(b) The Department of Health may levy and collect the following annual fees for issuance of an annual license to hospitals or institutions: Per facility (unless otherwise noted) (1) Hospitals (per bed) $ 6.00 (2) Ambulatory Surgery Center 1,000.00 (3) Rural Emergency Hospital 500.00 (4) Hospital-Based Recuperation Center 275.00 (5) Freestanding Recuperation Center 2,000.00 (6) Hospital-Based Alcohol/Drug Unit 75.00 (7) Freestanding Alcohol/Drug Unit 1,000.00 (8) Hospital-Based Outpatient Psychiatric Center 75.00 (9) Freestanding Outpatient Psychiatric Center 1,000.00 (10) Infirmary 100.00 (11) Reissuance of license due to name/address change 100.00

Per facility (unless otherwise noted) (1) Hospitals (per bed) $ 6.00 (2) Ambulatory Surgery Center 1,000.00 (3) Rural Emergency Hospital 500.00 (4) Hospital-Based Recuperation Center 275.00 (5) Freestanding Recuperation Center 2,000.00 (6) Hospital-Based Alcohol/Drug Unit 75.00 (7) Freestanding Alcohol/Drug Unit 1,000.00 (8) Hospital-Based Outpatient Psychiatric Center 75.00 (9) Freestanding Outpatient Psychiatric Center 1,000.00 (10) Infirmary 100.00 (11) Reissuance of license due to name/address change 100.00

Per facility

(unless otherwise noted)

(1) Hospitals (per bed)

$ 6.00

(2) Ambulatory Surgery Center

1,000.00

(3) Rural Emergency Hospital

500.00

(4) Hospital-Based Recuperation Center

275.00

(5) Freestanding Recuperation Center

2,000.00

(6) Hospital-Based Alcohol/Drug Unit

75.00

(7) Freestanding Alcohol/Drug Unit

1,000.00

(8) Hospital-Based Outpatient Psychiatric Center

75.00

(9) Freestanding Outpatient Psychiatric Center

1,000.00

(10) Infirmary

100.00

(11) Reissuance of license due to name/address change

100.00

(c) (1) Applicants for license shall file applications under oath with the Department of Health upon forms prescribed by the Department of Health and shall pay an annual license fee as set forth in subsection (b) of this section, which shall be paid into the State Treasury or refunded to the applicant if a license is denied. (2) (A) The application shall be signed by the owner, if an individual or partnership, in the case of a corporation by two (2) of its officers, or in the case of a governmental unit by the head of the governmental department having jurisdiction over it. (B) Applications shall set forth the full name and address of the institution for which the license is sought and such additional information as the Department of Health may require, including affirmative evidence of ability to comply with such reasonable standards and rules as may be lawfully prescribed in this subchapter. (3) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year. License applications for existing institutions received after January 2 shall be subject to a penalty of one dollar ($1.00) per day for each day after January 2.

(1) Applicants for license shall file applications under oath with the Department of Health upon forms prescribed by the Department of Health and shall pay an annual license fee as set forth in subsection (b) of this section, which shall be paid into the State Treasury or refunded to the applicant if a license is denied.

(2) (A) The application shall be signed by the owner, if an individual or partnership, in the case of a corporation by two (2) of its officers, or in the case of a governmental unit by the head of the governmental department having jurisdiction over it. (B) Applications shall set forth the full name and address of the institution for which the license is sought and such additional information as the Department of Health may require, including affirmative evidence of ability to comply with such reasonable standards and rules as may be lawfully prescribed in this subchapter.

(A) The application shall be signed by the owner, if an individual or partnership, in the case of a corporation by two (2) of its officers, or in the case of a governmental unit by the head of the governmental department having jurisdiction over it.

(B) Applications shall set forth the full name and address of the institution for which the license is sought and such additional information as the Department of Health may require, including affirmative evidence of ability to comply with such reasonable standards and rules as may be lawfully prescribed in this subchapter.

(3) Applications for annual license renewal shall be postmarked no later than January 2 of the succeeding calendar year. License applications for existing institutions received after January 2 shall be subject to a penalty of one dollar ($1.00) per day for each day after January 2.

(d) (1) Licenses issued under this section shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year. (2) A license shall be issued only for the premises and persons in the application and shall not be transferable. (3) Licenses shall be posted in a conspicuous place on the licensed premises.

(1) Licenses issued under this section shall be effective on a calendar-year basis and shall expire on December 31 of each calendar year.

(2) A license shall be issued only for the premises and persons in the application and shall not be transferable.

(3) Licenses shall be posted in a conspicuous place on the licensed premises.

(e) All fees levied and collected under this subchapter are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.

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

Amended by Act 2023, No. 59,§ 4, eff. 2/13/2023.

Amended by Act 2019, No. 315,§ 1835, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1834, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1833, eff. 7/24/2019.

Acts 1961, No. 414, § 22; 1965, No. 454, § 2; A.S.A. 1947, § 82-348; Acts 1987, No. 143, §§ 2, 4; 1997, No. 574, § 1.
Ark. Code Ann. § 20-9-314 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-314
Hospital pricing transparency - Legislative findings
Status: in_force

(a) The General Assembly finds that: (1) Under 45 C.F.R. Part 180, each hospital operating in the United States is required to provide clear, accessible pricing information online about the items and services that the hospital provides; and (2) Easy-to-understand pricing information is essential to support patients, prevent fraud, and protect consumers from unfair medical bills. (b) (1) A hospital licensed in this state shall comply with 45 C.F.R. Part 180, as existing on January 1, 2023. (2) If the Department of Health finds that a hospital licensed in this state has not complied with 45 C.F.R. Part 180, as existing on January 1, 2023, then the department shall fine the hospital two hundred fifty dollars ($250) per day for noncompliance. Added by Act 2023, No. 482,§ 1, eff. 10/6/2023.

(a) The General Assembly finds that: (1) Under 45 C.F.R. Part 180, each hospital operating in the United States is required to provide clear, accessible pricing information online about the items and services that the hospital provides; and (2) Easy-to-understand pricing information is essential to support patients, prevent fraud, and protect consumers from unfair medical bills.

(1) Under 45 C.F.R. Part 180, each hospital operating in the United States is required to provide clear, accessible pricing information online about the items and services that the hospital provides; and

(2) Easy-to-understand pricing information is essential to support patients, prevent fraud, and protect consumers from unfair medical bills.

(b) (1) A hospital licensed in this state shall comply with 45 C.F.R. Part 180, as existing on January 1, 2023. (2) If the Department of Health finds that a hospital licensed in this state has not complied with 45 C.F.R. Part 180, as existing on January 1, 2023, then the department shall fine the hospital two hundred fifty dollars ($250) per day for noncompliance.

(1) A hospital licensed in this state shall comply with 45 C.F.R. Part 180, as existing on January 1, 2023.

(2) If the Department of Health finds that a hospital licensed in this state has not complied with 45 C.F.R. Part 180, as existing on January 1, 2023, then the department shall fine the hospital two hundred fifty dollars ($250) per day for noncompliance.

Added by Act 2023, No. 482,§ 1, eff. 10/6/2023.