Ark. Code Ann. § 20-16-2202 — AR Code / Title 20 / Chapter 16 / Subchapter 22 / Section 20-16-2202
Legislative findings and purpose - Public policy
Status: in_force

(a) The General Assembly finds that: (1) The prospect of creating new human life solely to be exploited or destroyed has been condemned on moral grounds as displaying a profound disrespect for a human life; (2) Destructive human embryo research reduces the status of human embryos to a mere means for possible benefit for another person; (3) The moral justification of medical or scientific research cannot be based upon the dehumanizing and utilitarian premise that the ends justify any means; (4) Research and development of therapeutic cloning and methods to ethically obtain adult stem cells have contributed valuable therapeutic advancements and improved patient health and have proven more promising than research involving the destruction or exploitation of human embryos as a therapeutic means; (5) Recent and promising advances in reprogramming human cells to behave as if in an embryonic state render controversial cloned human embryos unnecessary for use in destructive embryo research; (6) Cloning embryos and destructive embryo research require human egg cells which are very expensive to obtain; (7) Harvesting human egg cells also creates significant health risks to a woman, including without limitation: (A) Ovarian hyperstimulation syndrome; (B) Damage to internal organs or blood vessels; (C) Infertility; (D) Depression; and (E) Death; (8) Harvesting human egg cells for research contributes to the commoditization and exploitation of women; (9) Public opinion is divided over the deeply conflicting moral and ethical concerns: (A) Related to payments to women for access to human egg cells; and (B) Surrounding the creation and destruction of human embryos; and (10) Providing public funding of destructive embryo research would be a misuse of revenue collected by the state. (b) Based on the findings in this section, the purpose of this subchapter is to further the important and compelling state interest of: (1) Respecting life and fostering a culture of life; (2) Directing public expenditures: (A) Away from funding research that has not yielded significant scientific contributions or benefit to patients; and (B) Toward funding research that has already made significant contributions to patients; and (3) Relieving the consciences of taxpayers who: (A) Are concerned about the possible exploitation of women that may result from payment for human egg cells; and (B) Object to human cloning and destructive embryo research. (c) Public funding of human cloning and destructive embryo research, including embryonic stem cell research, is against the public policy of this state. Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.

(a) The General Assembly finds that: (1) The prospect of creating new human life solely to be exploited or destroyed has been condemned on moral grounds as displaying a profound disrespect for a human life; (2) Destructive human embryo research reduces the status of human embryos to a mere means for possible benefit for another person; (3) The moral justification of medical or scientific research cannot be based upon the dehumanizing and utilitarian premise that the ends justify any means; (4) Research and development of therapeutic cloning and methods to ethically obtain adult stem cells have contributed valuable therapeutic advancements and improved patient health and have proven more promising than research involving the destruction or exploitation of human embryos as a therapeutic means; (5) Recent and promising advances in reprogramming human cells to behave as if in an embryonic state render controversial cloned human embryos unnecessary for use in destructive embryo research; (6) Cloning embryos and destructive embryo research require human egg cells which are very expensive to obtain; (7) Harvesting human egg cells also creates significant health risks to a woman, including without limitation: (A) Ovarian hyperstimulation syndrome; (B) Damage to internal organs or blood vessels; (C) Infertility; (D) Depression; and (E) Death; (8) Harvesting human egg cells for research contributes to the commoditization and exploitation of women; (9) Public opinion is divided over the deeply conflicting moral and ethical concerns: (A) Related to payments to women for access to human egg cells; and (B) Surrounding the creation and destruction of human embryos; and (10) Providing public funding of destructive embryo research would be a misuse of revenue collected by the state.

(1) The prospect of creating new human life solely to be exploited or destroyed has been condemned on moral grounds as displaying a profound disrespect for a human life;

(2) Destructive human embryo research reduces the status of human embryos to a mere means for possible benefit for another person;

(3) The moral justification of medical or scientific research cannot be based upon the dehumanizing and utilitarian premise that the ends justify any means;

(4) Research and development of therapeutic cloning and methods to ethically obtain adult stem cells have contributed valuable therapeutic advancements and improved patient health and have proven more promising than research involving the destruction or exploitation of human embryos as a therapeutic means;

(5) Recent and promising advances in reprogramming human cells to behave as if in an embryonic state render controversial cloned human embryos unnecessary for use in destructive embryo research;

(6) Cloning embryos and destructive embryo research require human egg cells which are very expensive to obtain;

(7) Harvesting human egg cells also creates significant health risks to a woman, including without limitation: (A) Ovarian hyperstimulation syndrome; (B) Damage to internal organs or blood vessels; (C) Infertility; (D) Depression; and (E) Death;

(A) Ovarian hyperstimulation syndrome;

(B) Damage to internal organs or blood vessels;

(C) Infertility;

(D) Depression; and

(E) Death;

(8) Harvesting human egg cells for research contributes to the commoditization and exploitation of women;

(9) Public opinion is divided over the deeply conflicting moral and ethical concerns: (A) Related to payments to women for access to human egg cells; and (B) Surrounding the creation and destruction of human embryos; and

(A) Related to payments to women for access to human egg cells; and

(B) Surrounding the creation and destruction of human embryos; and

(10) Providing public funding of destructive embryo research would be a misuse of revenue collected by the state.

(b) Based on the findings in this section, the purpose of this subchapter is to further the important and compelling state interest of: (1) Respecting life and fostering a culture of life; (2) Directing public expenditures: (A) Away from funding research that has not yielded significant scientific contributions or benefit to patients; and (B) Toward funding research that has already made significant contributions to patients; and (3) Relieving the consciences of taxpayers who: (A) Are concerned about the possible exploitation of women that may result from payment for human egg cells; and (B) Object to human cloning and destructive embryo research.

(1) Respecting life and fostering a culture of life;

(2) Directing public expenditures: (A) Away from funding research that has not yielded significant scientific contributions or benefit to patients; and (B) Toward funding research that has already made significant contributions to patients; and

(A) Away from funding research that has not yielded significant scientific contributions or benefit to patients; and

(B) Toward funding research that has already made significant contributions to patients; and

(3) Relieving the consciences of taxpayers who: (A) Are concerned about the possible exploitation of women that may result from payment for human egg cells; and (B) Object to human cloning and destructive embryo research.

(A) Are concerned about the possible exploitation of women that may result from payment for human egg cells; and

(B) Object to human cloning and destructive embryo research.

(c) Public funding of human cloning and destructive embryo research, including embryonic stem cell research, is against the public policy of this state.

Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 20-9-1302 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1302
Findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The peer review process is well established as an acceptable means of monitoring quality and improving care within an institution; (2) (A) The peer review process faces unique challenges in the hospital setting compared to other healthcare settings due to the interdependent relationship between the hospital and medical staff, which can impact professional review activities. (B) Peer review that is not conducted fairly results in harm to both patients and physicians by limiting access to care and patient choice; and (3) It is necessary to balance carefully the rights of patients who benefit by properly conducted peer review with the rights of those who may be harmed by improper peer review. (b) The General Assembly intends that peer review be conducted fairly for the benefit of the citizens of the State of Arkansas. Amended by Act 2017, No. 975,§ 1, eff. 8/1/2017. Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.

(a) The General Assembly finds that: (1) The peer review process is well established as an acceptable means of monitoring quality and improving care within an institution; (2) (A) The peer review process faces unique challenges in the hospital setting compared to other healthcare settings due to the interdependent relationship between the hospital and medical staff, which can impact professional review activities. (B) Peer review that is not conducted fairly results in harm to both patients and physicians by limiting access to care and patient choice; and (3) It is necessary to balance carefully the rights of patients who benefit by properly conducted peer review with the rights of those who may be harmed by improper peer review.

(1) The peer review process is well established as an acceptable means of monitoring quality and improving care within an institution;

(2) (A) The peer review process faces unique challenges in the hospital setting compared to other healthcare settings due to the interdependent relationship between the hospital and medical staff, which can impact professional review activities. (B) Peer review that is not conducted fairly results in harm to both patients and physicians by limiting access to care and patient choice; and

(A) The peer review process faces unique challenges in the hospital setting compared to other healthcare settings due to the interdependent relationship between the hospital and medical staff, which can impact professional review activities.

(B) Peer review that is not conducted fairly results in harm to both patients and physicians by limiting access to care and patient choice; and

(3) It is necessary to balance carefully the rights of patients who benefit by properly conducted peer review with the rights of those who may be harmed by improper peer review.

(b) The General Assembly intends that peer review be conducted fairly for the benefit of the citizens of the State of Arkansas.

Amended by Act 2017, No. 975,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-38-105 — AR Code / Title 20 / Chapter 38 / Section 20-38-105
Disqualification from employment - Denial or revocation - Penalties
Status: in_force

(a) (1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment with a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of: (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court. (2) Except as provided in subsection (d) of this section, a service provider shall not knowingly employ a person and the licensing or certifying agency shall not knowingly contract with, license, exempt from licensure, certify, or otherwise authorize a person to be a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of: (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court. (b) As used in this section, the following criminal offenses apply to this section unless the record of the offense is expunged, pardoned, or otherwise sealed: (1) Criminal attempt, § 5-3-201 , criminal complicity, § 5-3-202 , criminal solicitation, § 5-3-301 , or criminal conspiracy, § 5-3-401 , to commit any of the offenses in this subsection; (2) Capital murder, § 5-10-101 ; (3) Murder, §§ 5-10-102 and 5-10-103 ; (4) Manslaughter, § 5-10-104 ; (5) Negligent homicide, § 5-10-105 ; (6) Kidnapping, § 5-11-102 ; (7) False imprisonment, §§ 5-11-103 and 5-11-104 ; (8) Permanent detention or restraint, § 5-11-106 ; (9) Robbery, §§ 5-12-102 and 5-12-103 ; (10) Battery, §§ 5-13-201 - 5-13-203 ; (11) Assault, §§ 5-13-204 - 5-13-207 ; (12) Coercion, § 5-13-208 ; (13) Introduction of a controlled substance into the body of another person, § 5-13-210 ; (14) Terroristic threatening, § 5-13-301 ; (15) Terroristic act, § 5-13-310 ; (16) Any sexual offense, § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (17) Voyeurism, § 5-16-102 ; (18) Death threats concerning a school employee or student, § 5-17-101 ; (19) Incest, § 5-26-202 ; (20) Domestic battery, §§ 5-26-303 - 5-26-306 ; (21) Interference with visitation, § 5-26-501 ; (22) Interference with court-ordered custody, § 5-26-502 ; (23) Endangering the welfare of an incompetent person, §§ 5-27-201 and 5-27-202 ; (24) Endangering the welfare of a minor, §§ 5-27-205 and 5-27-206 ; (25) Contributing to the delinquency of a minor, § 5-27-209 ; (26) Contributing to the delinquency of a juvenile, § 5-27-220 ; (27) Permitting abuse of a minor, § 5-27-221 ; (28) Soliciting money or property from incompetent persons, § 5-27-229 ; (29) Engaging children in sexually explicit conduct for use in visual or print media, § 5-27-303 ; (30) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (31) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (32) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (33) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (34) Computer crimes against minors, § 5-27-601 et seq.; (35) Felony abuse of an endangered or impaired person, § 5-28-103 ; (36) Theft of property, § 5-36-103 ; (37) Theft of services, § 5-36-104 ; (38) Theft by receiving, § 5-36-106 ; (39) Forgery, § 5-37-201 ; (40) Criminal impersonation, § 5-37-208 ; (41) Financial identity fraud, § 5-37-227 ; (42) Arson, § 5-38-301 ; (43) Burglary, §§ 5-39-201 and 5-39-204 ; (44) Breaking or entering, § 5-39-202 ; (45) Resisting arrest, § 5-54-103 ; (46) Felony interference with a law enforcement officer, § 5-54-104 ; (47) Cruelty to animals, §§ 5-62-103 and 5-62-104 ; (48) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (49) Public display of obscenity, § 5-68-205 ; (50) Promoting obscene materials, § 5-68-303 ; (51) Promoting obscene performance, § 5-68-304 ; (52) Obscene performance at a live public show, § 5-68-305 ; (53) Prostitution, § 5-70-102 ; (54) Patronizing a prostitute, § 5-70-103 ; (55) Promotion of prostitution, §§ 5-70-104 - 5-70-106 ; (56) Stalking, § 5-71-229 ; (57) Criminal use of a prohibited weapon, § 5-73-104 ; (58) Simultaneous possession of drugs and firearms, § 5-74-106 ; (59) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (60) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (61) Sexual extortion, § 5-14-113 . (c) (1) The provisions of this subsection shall not be waived by the licensing or certifying agency. (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, a conviction or plea of guilty or nolo contendere for any of the offenses listed in this subsection, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, shall result in permanent disqualification from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider and is not subject to subsection (d) of this section: (A) Any of the following offenses by any court in the State of Arkansas: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Rape, § 5-14-103 ; (vi) Sexual assault in the first degree, § 5-14-124 ; (vii) Sexual assault in the second degree, § 5-14-125 ; (viii) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (ix) Abuse of an endangered or impaired person, § 5-28-103 , if it is a felony; (x) Arson, § 5-38-301 ; (xi) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (xii) Sexual extortion, § 5-14-113 ; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court. (3) For purposes of licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility, a conviction or plea of guilty or nolo contendere for any offense that involves violence or a sexual act, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, may result in permanent disqualification from licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility and may not be subject to subsection (d) of this section. (d) (1) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if: (A) The conviction or plea of guilty or nolo contendere was for a misdemeanor offense; (B) The date of the conviction or plea of guilty or nolo contendere is at least five (5) years from the date of the request for the criminal history records check; and (C) The person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the criminal history records check request. (2) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if: (A) The conviction or plea of guilty or nolo contendere was for a felony offense; (B) The date of the conviction or plea of guilty or nolo contendere is at least ten (10) years from the date of the background check request; and (C) The individual has no criminal convictions or pleas of guilty or nolo contendere during the ten-year period preceding the request for a criminal history records check. (3) This section does not disqualify a person from employment with a service provider if: (A) The conviction or plea of guilty or nolo contendere was for any of the nonviolent offenses listed below: (i) Theft by receiving, § 5-36-106 ; (ii) Forgery, § 5-37-201 ; (iii) Financial identity fraud, § 5-37-227 ; (iv) Resisting arrest, § 5-54-103 ; (v) Criminal impersonation in the second degree, § 5-37-208(b) ; (vi) Interference with visitation, § 5-26-501 ; (vii) Interference with court-ordered custody, § 5-26-502 ; (viii) Prostitution, § 5-70-102 ; and (ix) Patronizing a prostitute, § 5-70-103 ; (B) The service provider wants to employ the person; (C) The person remains in employment with the same service provider; (D) The person has completed probation, parole, or post-release supervision, paid all court-ordered fees or fines, including restitution, and fully complied with all court orders pertaining to the conviction or plea; (E) The person will be employed by: (i) A long-term care facility licensed by the Office of Long-Term Care; (ii) An intermediate care or other facility, developmental day treatment clinic services provider, or group home licensed or certified by the Division of Developmental Disabilities Services; or (iii) A childcare facility or a church-exempt childcare facility licensed by the Division of Child Care and Early Childhood Education; (F) Subsequent to employment, the person does not plead guilty or nolo contendere to or is found guilty of any offense in subsection (b) of this section; and (G) The person does not have a true or founded report of child maltreatment or adult maltreatment in a central registry. (e) A person shall not be disqualified from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if the person has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor offense not listed in subsection (b) of this section, a similar misdemeanor offense in another state, or a similar federal misdemeanor offense. (f) Even if the person would otherwise be disqualified under this section, a person shall not be disqualified from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if the person: (1) Was not disqualified on August 31, 2009; and (2) Since August 31, 2009, has not been found guilty of or pleaded guilty or nolo contendere to: (A) An offense listed in subsection (b) of this section; (B) A similar offense in another state; or (C) A similar federal offense. (g) Notwithstanding any other provision of law, a person is not disqualified from employment if: (1) The person is employed as or being considered for employment as a peer support specialist or other similar position requiring that the person has personally received services within the behavioral health system; (2) The person works or is applying to work with individuals receiving substance abuse treatment; and (3) (A) The only offense on the person's criminal background check that would disqualify him or her from employment is an offense that does not involve violence or a sexual act. (B) If the offense on the person's criminal background check that would disqualify him or her from employment is an offense that involves violence, the Department of Human Services shall evaluate the offense and make a determination, on the basis of criteria and limitation adopted by the department in rule, as to whether the person may be employed as a peer support specialist. Amended by Act 2023, No. 659,§ 244, eff. 1/1/2024. Amended by Act 2023, No. 619,§ 26, eff. 8/1/2023. Amended by Act 2023, No. 200,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 951,§ 1, eff. 4/12/2019. Amended by Act 2017, No. 1077,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 20, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 19, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 26, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 25, eff. 8/1/2017. Amended by Act 2013, No. 1132,§ 26, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 25, eff. 8/16/2013. Amended by Act 2013, No. 990,§ 2, eff. 4/8/2013. Acts 2009, No. 762, § 4; 2011, No. 516, §§ 1-3.

(a) (1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment with a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of: (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court. (2) Except as provided in subsection (d) of this section, a service provider shall not knowingly employ a person and the licensing or certifying agency shall not knowingly contract with, license, exempt from licensure, certify, or otherwise authorize a person to be a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of: (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court.

(1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment with a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of: (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court.

(A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;

(B) Any similar offense by a court in another state; or

(C) Any similar offense by a federal court.

(2) Except as provided in subsection (d) of this section, a service provider shall not knowingly employ a person and the licensing or certifying agency shall not knowingly contract with, license, exempt from licensure, certify, or otherwise authorize a person to be a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of: (A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court.

(A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;

(B) Any similar offense by a court in another state; or

(C) Any similar offense by a federal court.

(b) As used in this section, the following criminal offenses apply to this section unless the record of the offense is expunged, pardoned, or otherwise sealed: (1) Criminal attempt, § 5-3-201 , criminal complicity, § 5-3-202 , criminal solicitation, § 5-3-301 , or criminal conspiracy, § 5-3-401 , to commit any of the offenses in this subsection; (2) Capital murder, § 5-10-101 ; (3) Murder, §§ 5-10-102 and 5-10-103 ; (4) Manslaughter, § 5-10-104 ; (5) Negligent homicide, § 5-10-105 ; (6) Kidnapping, § 5-11-102 ; (7) False imprisonment, §§ 5-11-103 and 5-11-104 ; (8) Permanent detention or restraint, § 5-11-106 ; (9) Robbery, §§ 5-12-102 and 5-12-103 ; (10) Battery, §§ 5-13-201 - 5-13-203 ; (11) Assault, §§ 5-13-204 - 5-13-207 ; (12) Coercion, § 5-13-208 ; (13) Introduction of a controlled substance into the body of another person, § 5-13-210 ; (14) Terroristic threatening, § 5-13-301 ; (15) Terroristic act, § 5-13-310 ; (16) Any sexual offense, § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (17) Voyeurism, § 5-16-102 ; (18) Death threats concerning a school employee or student, § 5-17-101 ; (19) Incest, § 5-26-202 ; (20) Domestic battery, §§ 5-26-303 - 5-26-306 ; (21) Interference with visitation, § 5-26-501 ; (22) Interference with court-ordered custody, § 5-26-502 ; (23) Endangering the welfare of an incompetent person, §§ 5-27-201 and 5-27-202 ; (24) Endangering the welfare of a minor, §§ 5-27-205 and 5-27-206 ; (25) Contributing to the delinquency of a minor, § 5-27-209 ; (26) Contributing to the delinquency of a juvenile, § 5-27-220 ; (27) Permitting abuse of a minor, § 5-27-221 ; (28) Soliciting money or property from incompetent persons, § 5-27-229 ; (29) Engaging children in sexually explicit conduct for use in visual or print media, § 5-27-303 ; (30) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (31) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (32) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (33) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (34) Computer crimes against minors, § 5-27-601 et seq.; (35) Felony abuse of an endangered or impaired person, § 5-28-103 ; (36) Theft of property, § 5-36-103 ; (37) Theft of services, § 5-36-104 ; (38) Theft by receiving, § 5-36-106 ; (39) Forgery, § 5-37-201 ; (40) Criminal impersonation, § 5-37-208 ; (41) Financial identity fraud, § 5-37-227 ; (42) Arson, § 5-38-301 ; (43) Burglary, §§ 5-39-201 and 5-39-204 ; (44) Breaking or entering, § 5-39-202 ; (45) Resisting arrest, § 5-54-103 ; (46) Felony interference with a law enforcement officer, § 5-54-104 ; (47) Cruelty to animals, §§ 5-62-103 and 5-62-104 ; (48) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (49) Public display of obscenity, § 5-68-205 ; (50) Promoting obscene materials, § 5-68-303 ; (51) Promoting obscene performance, § 5-68-304 ; (52) Obscene performance at a live public show, § 5-68-305 ; (53) Prostitution, § 5-70-102 ; (54) Patronizing a prostitute, § 5-70-103 ; (55) Promotion of prostitution, §§ 5-70-104 - 5-70-106 ; (56) Stalking, § 5-71-229 ; (57) Criminal use of a prohibited weapon, § 5-73-104 ; (58) Simultaneous possession of drugs and firearms, § 5-74-106 ; (59) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (60) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (61) Sexual extortion, § 5-14-113 .

(1) Criminal attempt, § 5-3-201 , criminal complicity, § 5-3-202 , criminal solicitation, § 5-3-301 , or criminal conspiracy, § 5-3-401 , to commit any of the offenses in this subsection;

(2) Capital murder, § 5-10-101 ;

(3) Murder, §§ 5-10-102 and 5-10-103 ;

(4) Manslaughter, § 5-10-104 ;

(5) Negligent homicide, § 5-10-105 ;

(6) Kidnapping, § 5-11-102 ;

(7) False imprisonment, §§ 5-11-103 and 5-11-104 ;

(8) Permanent detention or restraint, § 5-11-106 ;

(9) Robbery, §§ 5-12-102 and 5-12-103 ;

(10) Battery, §§ 5-13-201 - 5-13-203 ;

(11) Assault, §§ 5-13-204 - 5-13-207 ;

(12) Coercion, § 5-13-208 ;

(13) Introduction of a controlled substance into the body of another person, § 5-13-210 ;

(14) Terroristic threatening, § 5-13-301 ;

(15) Terroristic act, § 5-13-310 ;

(16) Any sexual offense, § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ;

(17) Voyeurism, § 5-16-102 ;

(18) Death threats concerning a school employee or student, § 5-17-101 ;

(19) Incest, § 5-26-202 ;

(20) Domestic battery, §§ 5-26-303 - 5-26-306 ;

(21) Interference with visitation, § 5-26-501 ;

(22) Interference with court-ordered custody, § 5-26-502 ;

(23) Endangering the welfare of an incompetent person, §§ 5-27-201 and 5-27-202 ;

(24) Endangering the welfare of a minor, §§ 5-27-205 and 5-27-206 ;

(25) Contributing to the delinquency of a minor, § 5-27-209 ;

(26) Contributing to the delinquency of a juvenile, § 5-27-220 ;

(27) Permitting abuse of a minor, § 5-27-221 ;

(28) Soliciting money or property from incompetent persons, § 5-27-229 ;

(29) Engaging children in sexually explicit conduct for use in visual or print media, § 5-27-303 ;

(30) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ;

(31) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(32) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ;

(33) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(34) Computer crimes against minors, § 5-27-601 et seq.;

(35) Felony abuse of an endangered or impaired person, § 5-28-103 ;

(36) Theft of property, § 5-36-103 ;

(37) Theft of services, § 5-36-104 ;

(38) Theft by receiving, § 5-36-106 ;

(39) Forgery, § 5-37-201 ;

(40) Criminal impersonation, § 5-37-208 ;

(41) Financial identity fraud, § 5-37-227 ;

(42) Arson, § 5-38-301 ;

(43) Burglary, §§ 5-39-201 and 5-39-204 ;

(44) Breaking or entering, § 5-39-202 ;

(45) Resisting arrest, § 5-54-103 ;

(46) Felony interference with a law enforcement officer, § 5-54-104 ;

(47) Cruelty to animals, §§ 5-62-103 and 5-62-104 ;

(48) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;

(49) Public display of obscenity, § 5-68-205 ;

(50) Promoting obscene materials, § 5-68-303 ;

(51) Promoting obscene performance, § 5-68-304 ;

(52) Obscene performance at a live public show, § 5-68-305 ;

(53) Prostitution, § 5-70-102 ;

(54) Patronizing a prostitute, § 5-70-103 ;

(55) Promotion of prostitution, §§ 5-70-104 - 5-70-106 ;

(56) Stalking, § 5-71-229 ;

(57) Criminal use of a prohibited weapon, § 5-73-104 ;

(58) Simultaneous possession of drugs and firearms, § 5-74-106 ;

(59) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;

(60) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and

(61) Sexual extortion, § 5-14-113 .

(c) (1) The provisions of this subsection shall not be waived by the licensing or certifying agency. (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, a conviction or plea of guilty or nolo contendere for any of the offenses listed in this subsection, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, shall result in permanent disqualification from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider and is not subject to subsection (d) of this section: (A) Any of the following offenses by any court in the State of Arkansas: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Rape, § 5-14-103 ; (vi) Sexual assault in the first degree, § 5-14-124 ; (vii) Sexual assault in the second degree, § 5-14-125 ; (viii) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (ix) Abuse of an endangered or impaired person, § 5-28-103 , if it is a felony; (x) Arson, § 5-38-301 ; (xi) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (xii) Sexual extortion, § 5-14-113 ; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court. (3) For purposes of licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility, a conviction or plea of guilty or nolo contendere for any offense that involves violence or a sexual act, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, may result in permanent disqualification from licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility and may not be subject to subsection (d) of this section.

(1) The provisions of this subsection shall not be waived by the licensing or certifying agency.

(2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, a conviction or plea of guilty or nolo contendere for any of the offenses listed in this subsection, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, shall result in permanent disqualification from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider and is not subject to subsection (d) of this section: (A) Any of the following offenses by any court in the State of Arkansas: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Rape, § 5-14-103 ; (vi) Sexual assault in the first degree, § 5-14-124 ; (vii) Sexual assault in the second degree, § 5-14-125 ; (viii) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (ix) Abuse of an endangered or impaired person, § 5-28-103 , if it is a felony; (x) Arson, § 5-38-301 ; (xi) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (xii) Sexual extortion, § 5-14-113 ; (B) Any similar offense by a court in another state; or (C) Any similar offense by a federal court.

(A) Any of the following offenses by any court in the State of Arkansas: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Rape, § 5-14-103 ; (vi) Sexual assault in the first degree, § 5-14-124 ; (vii) Sexual assault in the second degree, § 5-14-125 ; (viii) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (ix) Abuse of an endangered or impaired person, § 5-28-103 , if it is a felony; (x) Arson, § 5-38-301 ; (xi) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (xii) Sexual extortion, § 5-14-113 ;

(i) Capital murder, § 5-10-101 ;

(ii) Murder in the first degree, § 5-10-102 ;

(iii) Murder in the second degree, § 5-10-103 ;

(iv) Kidnapping, § 5-11-102 ;

(v) Rape, § 5-14-103 ;

(vi) Sexual assault in the first degree, § 5-14-124 ;

(vii) Sexual assault in the second degree, § 5-14-125 ;

(viii) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ;

(ix) Abuse of an endangered or impaired person, § 5-28-103 , if it is a felony;

(x) Arson, § 5-38-301 ;

(xi) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and

(xii) Sexual extortion, § 5-14-113 ;

(B) Any similar offense by a court in another state; or

(C) Any similar offense by a federal court.

(3) For purposes of licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility, a conviction or plea of guilty or nolo contendere for any offense that involves violence or a sexual act, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, may result in permanent disqualification from licensure as a childcare facility, exemption from licensure as a church-exempt childcare facility, or employment with a childcare facility or church-exempt childcare facility and may not be subject to subsection (d) of this section.

(d) (1) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if: (A) The conviction or plea of guilty or nolo contendere was for a misdemeanor offense; (B) The date of the conviction or plea of guilty or nolo contendere is at least five (5) years from the date of the request for the criminal history records check; and (C) The person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the criminal history records check request. (2) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if: (A) The conviction or plea of guilty or nolo contendere was for a felony offense; (B) The date of the conviction or plea of guilty or nolo contendere is at least ten (10) years from the date of the background check request; and (C) The individual has no criminal convictions or pleas of guilty or nolo contendere during the ten-year period preceding the request for a criminal history records check. (3) This section does not disqualify a person from employment with a service provider if: (A) The conviction or plea of guilty or nolo contendere was for any of the nonviolent offenses listed below: (i) Theft by receiving, § 5-36-106 ; (ii) Forgery, § 5-37-201 ; (iii) Financial identity fraud, § 5-37-227 ; (iv) Resisting arrest, § 5-54-103 ; (v) Criminal impersonation in the second degree, § 5-37-208(b) ; (vi) Interference with visitation, § 5-26-501 ; (vii) Interference with court-ordered custody, § 5-26-502 ; (viii) Prostitution, § 5-70-102 ; and (ix) Patronizing a prostitute, § 5-70-103 ; (B) The service provider wants to employ the person; (C) The person remains in employment with the same service provider; (D) The person has completed probation, parole, or post-release supervision, paid all court-ordered fees or fines, including restitution, and fully complied with all court orders pertaining to the conviction or plea; (E) The person will be employed by: (i) A long-term care facility licensed by the Office of Long-Term Care; (ii) An intermediate care or other facility, developmental day treatment clinic services provider, or group home licensed or certified by the Division of Developmental Disabilities Services; or (iii) A childcare facility or a church-exempt childcare facility licensed by the Division of Child Care and Early Childhood Education; (F) Subsequent to employment, the person does not plead guilty or nolo contendere to or is found guilty of any offense in subsection (b) of this section; and (G) The person does not have a true or founded report of child maltreatment or adult maltreatment in a central registry.

(1) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if: (A) The conviction or plea of guilty or nolo contendere was for a misdemeanor offense; (B) The date of the conviction or plea of guilty or nolo contendere is at least five (5) years from the date of the request for the criminal history records check; and (C) The person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the criminal history records check request.

(A) The conviction or plea of guilty or nolo contendere was for a misdemeanor offense;

(B) The date of the conviction or plea of guilty or nolo contendere is at least five (5) years from the date of the request for the criminal history records check; and

(C) The person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the criminal history records check request.

(2) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if: (A) The conviction or plea of guilty or nolo contendere was for a felony offense; (B) The date of the conviction or plea of guilty or nolo contendere is at least ten (10) years from the date of the background check request; and (C) The individual has no criminal convictions or pleas of guilty or nolo contendere during the ten-year period preceding the request for a criminal history records check.

(A) The conviction or plea of guilty or nolo contendere was for a felony offense;

(B) The date of the conviction or plea of guilty or nolo contendere is at least ten (10) years from the date of the background check request; and

(C) The individual has no criminal convictions or pleas of guilty or nolo contendere during the ten-year period preceding the request for a criminal history records check.

(3) This section does not disqualify a person from employment with a service provider if: (A) The conviction or plea of guilty or nolo contendere was for any of the nonviolent offenses listed below: (i) Theft by receiving, § 5-36-106 ; (ii) Forgery, § 5-37-201 ; (iii) Financial identity fraud, § 5-37-227 ; (iv) Resisting arrest, § 5-54-103 ; (v) Criminal impersonation in the second degree, § 5-37-208(b) ; (vi) Interference with visitation, § 5-26-501 ; (vii) Interference with court-ordered custody, § 5-26-502 ; (viii) Prostitution, § 5-70-102 ; and (ix) Patronizing a prostitute, § 5-70-103 ; (B) The service provider wants to employ the person; (C) The person remains in employment with the same service provider; (D) The person has completed probation, parole, or post-release supervision, paid all court-ordered fees or fines, including restitution, and fully complied with all court orders pertaining to the conviction or plea; (E) The person will be employed by: (i) A long-term care facility licensed by the Office of Long-Term Care; (ii) An intermediate care or other facility, developmental day treatment clinic services provider, or group home licensed or certified by the Division of Developmental Disabilities Services; or (iii) A childcare facility or a church-exempt childcare facility licensed by the Division of Child Care and Early Childhood Education; (F) Subsequent to employment, the person does not plead guilty or nolo contendere to or is found guilty of any offense in subsection (b) of this section; and (G) The person does not have a true or founded report of child maltreatment or adult maltreatment in a central registry.

(A) The conviction or plea of guilty or nolo contendere was for any of the nonviolent offenses listed below: (i) Theft by receiving, § 5-36-106 ; (ii) Forgery, § 5-37-201 ; (iii) Financial identity fraud, § 5-37-227 ; (iv) Resisting arrest, § 5-54-103 ; (v) Criminal impersonation in the second degree, § 5-37-208(b) ; (vi) Interference with visitation, § 5-26-501 ; (vii) Interference with court-ordered custody, § 5-26-502 ; (viii) Prostitution, § 5-70-102 ; and (ix) Patronizing a prostitute, § 5-70-103 ;

(i) Theft by receiving, § 5-36-106 ;

(ii) Forgery, § 5-37-201 ;

(iii) Financial identity fraud, § 5-37-227 ;

(iv) Resisting arrest, § 5-54-103 ;

(v) Criminal impersonation in the second degree, § 5-37-208(b) ;

(vi) Interference with visitation, § 5-26-501 ;

(vii) Interference with court-ordered custody, § 5-26-502 ;

(viii) Prostitution, § 5-70-102 ; and

(ix) Patronizing a prostitute, § 5-70-103 ;

(B) The service provider wants to employ the person;

(C) The person remains in employment with the same service provider;

(D) The person has completed probation, parole, or post-release supervision, paid all court-ordered fees or fines, including restitution, and fully complied with all court orders pertaining to the conviction or plea;

(E) The person will be employed by: (i) A long-term care facility licensed by the Office of Long-Term Care; (ii) An intermediate care or other facility, developmental day treatment clinic services provider, or group home licensed or certified by the Division of Developmental Disabilities Services; or (iii) A childcare facility or a church-exempt childcare facility licensed by the Division of Child Care and Early Childhood Education;

(i) A long-term care facility licensed by the Office of Long-Term Care;

(ii) An intermediate care or other facility, developmental day treatment clinic services provider, or group home licensed or certified by the Division of Developmental Disabilities Services; or

(iii) A childcare facility or a church-exempt childcare facility licensed by the Division of Child Care and Early Childhood Education;

(F) Subsequent to employment, the person does not plead guilty or nolo contendere to or is found guilty of any offense in subsection (b) of this section; and

(G) The person does not have a true or founded report of child maltreatment or adult maltreatment in a central registry.

(e) A person shall not be disqualified from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if the person has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor offense not listed in subsection (b) of this section, a similar misdemeanor offense in another state, or a similar federal misdemeanor offense.

(f) Even if the person would otherwise be disqualified under this section, a person shall not be disqualified from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if the person: (1) Was not disqualified on August 31, 2009; and (2) Since August 31, 2009, has not been found guilty of or pleaded guilty or nolo contendere to: (A) An offense listed in subsection (b) of this section; (B) A similar offense in another state; or (C) A similar federal offense.

(1) Was not disqualified on August 31, 2009; and

(2) Since August 31, 2009, has not been found guilty of or pleaded guilty or nolo contendere to: (A) An offense listed in subsection (b) of this section; (B) A similar offense in another state; or (C) A similar federal offense.

(A) An offense listed in subsection (b) of this section;

(B) A similar offense in another state; or

(C) A similar federal offense.

(g) Notwithstanding any other provision of law, a person is not disqualified from employment if: (1) The person is employed as or being considered for employment as a peer support specialist or other similar position requiring that the person has personally received services within the behavioral health system; (2) The person works or is applying to work with individuals receiving substance abuse treatment; and (3) (A) The only offense on the person's criminal background check that would disqualify him or her from employment is an offense that does not involve violence or a sexual act. (B) If the offense on the person's criminal background check that would disqualify him or her from employment is an offense that involves violence, the Department of Human Services shall evaluate the offense and make a determination, on the basis of criteria and limitation adopted by the department in rule, as to whether the person may be employed as a peer support specialist.

(1) The person is employed as or being considered for employment as a peer support specialist or other similar position requiring that the person has personally received services within the behavioral health system;

(2) The person works or is applying to work with individuals receiving substance abuse treatment; and

(3) (A) The only offense on the person's criminal background check that would disqualify him or her from employment is an offense that does not involve violence or a sexual act. (B) If the offense on the person's criminal background check that would disqualify him or her from employment is an offense that involves violence, the Department of Human Services shall evaluate the offense and make a determination, on the basis of criteria and limitation adopted by the department in rule, as to whether the person may be employed as a peer support specialist.

(A) The only offense on the person's criminal background check that would disqualify him or her from employment is an offense that does not involve violence or a sexual act.

(B) If the offense on the person's criminal background check that would disqualify him or her from employment is an offense that involves violence, the Department of Human Services shall evaluate the offense and make a determination, on the basis of criteria and limitation adopted by the department in rule, as to whether the person may be employed as a peer support specialist.

Amended by Act 2023, No. 659,§ 244, eff. 1/1/2024.

Amended by Act 2023, No. 619,§ 26, eff. 8/1/2023.

Amended by Act 2023, No. 200,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 951,§ 1, eff. 4/12/2019.

Amended by Act 2017, No. 1077,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 664,§ 20, eff. 8/1/2017.

Amended by Act 2017, No. 664,§ 19, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 26, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 25, eff. 8/1/2017.

Amended by Act 2013, No. 1132,§ 26, eff. 8/16/2013.

Amended by Act 2013, No. 1132,§ 25, eff. 8/16/2013.

Amended by Act 2013, No. 990,§ 2, eff. 4/8/2013.

Acts 2009, No. 762, § 4; 2011, No. 516, §§ 1-3.
Ark. Code Ann. § 20-64-810 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-810
Voluntary admissions
Status: in_force

Any person who believes himself or herself to be addicted to alcohol or other drugs may apply to the administrator or his or her designee of a receiving facility or program for admission. If the administrator or his or her designee shall be satisfied after examination of the applicant that he or she is in need of treatment and will be benefited thereby, the applicant may be received and cared for in the receiving facility or program for such a period of time as the administrator or his or her designee shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the receiving facility or program. Acts 1989 (3rd Ex. Sess.), No. 10, § 3; 1995, No. 1268, § 4.

Any person who believes himself or herself to be addicted to alcohol or other drugs may apply to the administrator or his or her designee of a receiving facility or program for admission. If the administrator or his or her designee shall be satisfied after examination of the applicant that he or she is in need of treatment and will be benefited thereby, the applicant may be received and cared for in the receiving facility or program for such a period of time as the administrator or his or her designee shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the receiving facility or program.

Acts 1989 (3rd Ex. Sess.), No. 10, § 3; 1995, No. 1268, § 4.
Ark. Code Ann. § 20-57-204 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-204
Permit required
Status: in_force

(a) No food service establishment shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health. (b) (1) Permits issued under this section, §§ 20-57-201 , 20-57-202 [repealed], 20-57-203 , and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health. (2) A late fee equal to one-half (1/2) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date. (c) Any food service establishment may obtain a food service permit by paying an annual permit fee of thirty-five dollars ($35.00) to the department and by meeting the minimum requirements established by the applicable rules. (d) Each distinctively separate food establishment type and class as defined in §§ 20-57-201 , 20-57-202 [repealed], and 20-57-203 - 20-57-205 shall be required to procure a permit for that type or class per each location not to exceed a total of one hundred five dollars ($105). (e) (1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration. (2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit. (f) Public school cafeterias shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the State Board of Health. (g) Nonprofit organizations that sell food on a temporary basis for fund-raising events shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the board. (h) The following shall not be required to obtain permits, pay fees, or submit to inspections by the department but may seek the advice and assistance of the department: (1) Potluck suppers; (2) Community picnics; or (3) Other group gatherings where food is served but not sold. (i) Any retail food store having gross sales of less than one hundred fifty thousand dollars ($150,000) must obtain a food service permit but shall be exempt from payment of the permit fee. (j) Any bottler of water that is not a resident of this state shall obtain a permit from the department in order to sell its bottled water within this state. The bottler shall submit to the department annually a bacteriological analysis conducted by a laboratory approved by the department, a certificate of operation from the bottler's resident state, and a permit fee of fifty dollars ($50.00). Amended by Act 2019, No. 315,§ 2180, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2179, eff. 7/24/2019. Acts 1977, No. 357, § 3; 1980 (1st Ex. Sess.), No. 20, § 1; A.S.A. 1947, § 82-997.2; Acts 1987, No. 903, § 3; 1989, No. 67, § 3; 1991, No. 378, § 3; 1993, No. 130, § 1; 1993, No. 146, § 1; 1995, No. 168, § 1; 1997, No. 102, § 1; 1999, No. 217, §§ 1, 2; 2001, No. 467, § 1; 2001, No. 546, § 1; 2005, No. 394, § 1; 2009, No. 1403, § 2; 2011, No. 226, § 1; 2011, No. 1121, § 13.

(a) No food service establishment shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health.

(b) (1) Permits issued under this section, §§ 20-57-201 , 20-57-202 [repealed], 20-57-203 , and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health. (2) A late fee equal to one-half (1/2) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date.

(1) Permits issued under this section, §§ 20-57-201 , 20-57-202 [repealed], 20-57-203 , and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health.

(2) A late fee equal to one-half (1/2) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date.

(c) Any food service establishment may obtain a food service permit by paying an annual permit fee of thirty-five dollars ($35.00) to the department and by meeting the minimum requirements established by the applicable rules.

(d) Each distinctively separate food establishment type and class as defined in §§ 20-57-201 , 20-57-202 [repealed], and 20-57-203 - 20-57-205 shall be required to procure a permit for that type or class per each location not to exceed a total of one hundred five dollars ($105).

(e) (1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration. (2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit.

(1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.

(2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit.

(f) Public school cafeterias shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the State Board of Health.

(g) Nonprofit organizations that sell food on a temporary basis for fund-raising events shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the board.

(h) The following shall not be required to obtain permits, pay fees, or submit to inspections by the department but may seek the advice and assistance of the department: (1) Potluck suppers; (2) Community picnics; or (3) Other group gatherings where food is served but not sold.

(1) Potluck suppers;

(2) Community picnics; or

(3) Other group gatherings where food is served but not sold.

(i) Any retail food store having gross sales of less than one hundred fifty thousand dollars ($150,000) must obtain a food service permit but shall be exempt from payment of the permit fee.

(j) Any bottler of water that is not a resident of this state shall obtain a permit from the department in order to sell its bottled water within this state. The bottler shall submit to the department annually a bacteriological analysis conducted by a laboratory approved by the department, a certificate of operation from the bottler's resident state, and a permit fee of fifty dollars ($50.00).

Amended by Act 2019, No. 315,§ 2180, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2179, eff. 7/24/2019.

Acts 1977, No. 357, § 3; 1980 (1st Ex. Sess.), No. 20, § 1; A.S.A. 1947, § 82-997.2; Acts 1987, No. 903, § 3; 1989, No. 67, § 3; 1991, No. 378, § 3; 1993, No. 130, § 1; 1993, No. 146, § 1; 1995, No. 168, § 1; 1997, No. 102, § 1; 1999, No. 217, §§ 1, 2; 2001, No. 467, § 1; 2001, No. 546, § 1; 2005, No. 394, § 1; 2009, No. 1403, § 2; 2011, No. 226, § 1; 2011, No. 1121, § 13.
Ark. Code Ann. § 20-24-108 — AR Code / Title 20 / Chapter 24 / Section 20-24-108
Licenses required - Qualifications
Status: in_force

(a) (1) The inspections of conveyances required by this chapter shall be made by an elevator inspector licensed by the Elevator Safety Board. (2) To be eligible for a license to inspect conveyances, the applicant or licensee shall: (A) Have experience in designing, installing, maintaining, or inspecting conveyances to the extent established by rules of the board; (B) Successfully pass a written examination approved by the board; (C) (i) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (a) Issued by an insurance company authorized to do business in Arkansas; and (b) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage. (ii) The provision for liability insurance required by subdivision (a)(2)(C)(i) of this section shall not apply to elevator inspectors employed by the Division of Occupational and Professional Licensing Boards and Commissions; and (D) (i) Have no financial interest in any business or operation which manufactures, installs, repairs, modifies, or services conveyances. (ii) This qualification does not prohibit an employee of an insurance company insuring conveyances from obtaining a license as an elevator inspector. (b) (1) (A) Unless working under the direct supervision of a licensed elevator contractor, no person shall: (i) Erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structure without an elevator mechanic license; or (ii) Wire any conveyance from the mainline feeder terminals on the controller without an elevator mechanic license. (B) A licensed elevator mechanic is not required for removing or dismantling a conveyance: (i) Destroyed as the result of the complete demolition of a secured building or structure; or (ii) When the demolition to the hoistway or wellway prevents access without endangerment. (2) To be eligible for an elevator mechanic license, the applicant or licensee shall: (A) Have three (3) years of verifiable work experience in constructing, maintaining, servicing, and repairing conveyances to the extent established by rules of the board; (B) Successfully pass a written examination approved by the board; and (C) Be currently employed by a licensed elevator contractor in the business of installing, constructing, altering, servicing, repairing, and maintaining conveyances. (c) (1) Except as provided in subsections (a) and (b) of this section, no person other than an elevator contractor may install, construct, alter, service, repair, test, maintain, or perform electrical work on a conveyance. (2) To be eligible for an elevator contractor license, the applicant or licensee shall: (A) Have in his or her employment a properly licensed elevator mechanic; and (B) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (i) Issued by an insurance company authorized to do business in Arkansas; and (ii) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage. Amended by Act 2019, No. 315,§ 2072, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2071, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5473, eff. 7/1/2019. Amended by Act 2017, No. 968,§ 3, eff. 8/1/2017. Acts 1963, No. 189, § 11; 1977, No. 539, § 6; 1983, No. 284, § 6; A.S.A. 1947, § 82-1811; Acts 1991, No. 1063, § 3; 2005, No. 1813, § 3.

(a) (1) The inspections of conveyances required by this chapter shall be made by an elevator inspector licensed by the Elevator Safety Board. (2) To be eligible for a license to inspect conveyances, the applicant or licensee shall: (A) Have experience in designing, installing, maintaining, or inspecting conveyances to the extent established by rules of the board; (B) Successfully pass a written examination approved by the board; (C) (i) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (a) Issued by an insurance company authorized to do business in Arkansas; and (b) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage. (ii) The provision for liability insurance required by subdivision (a)(2)(C)(i) of this section shall not apply to elevator inspectors employed by the Division of Occupational and Professional Licensing Boards and Commissions; and (D) (i) Have no financial interest in any business or operation which manufactures, installs, repairs, modifies, or services conveyances. (ii) This qualification does not prohibit an employee of an insurance company insuring conveyances from obtaining a license as an elevator inspector.

(1) The inspections of conveyances required by this chapter shall be made by an elevator inspector licensed by the Elevator Safety Board.

(2) To be eligible for a license to inspect conveyances, the applicant or licensee shall: (A) Have experience in designing, installing, maintaining, or inspecting conveyances to the extent established by rules of the board; (B) Successfully pass a written examination approved by the board; (C) (i) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (a) Issued by an insurance company authorized to do business in Arkansas; and (b) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage. (ii) The provision for liability insurance required by subdivision (a)(2)(C)(i) of this section shall not apply to elevator inspectors employed by the Division of Occupational and Professional Licensing Boards and Commissions; and (D) (i) Have no financial interest in any business or operation which manufactures, installs, repairs, modifies, or services conveyances. (ii) This qualification does not prohibit an employee of an insurance company insuring conveyances from obtaining a license as an elevator inspector.

(A) Have experience in designing, installing, maintaining, or inspecting conveyances to the extent established by rules of the board;

(B) Successfully pass a written examination approved by the board;

(C) (i) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (a) Issued by an insurance company authorized to do business in Arkansas; and (b) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage. (ii) The provision for liability insurance required by subdivision (a)(2)(C)(i) of this section shall not apply to elevator inspectors employed by the Division of Occupational and Professional Licensing Boards and Commissions; and

(i) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (a) Issued by an insurance company authorized to do business in Arkansas; and (b) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.

(a) Issued by an insurance company authorized to do business in Arkansas; and

(b) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.

(ii) The provision for liability insurance required by subdivision (a)(2)(C)(i) of this section shall not apply to elevator inspectors employed by the Division of Occupational and Professional Licensing Boards and Commissions; and

(D) (i) Have no financial interest in any business or operation which manufactures, installs, repairs, modifies, or services conveyances. (ii) This qualification does not prohibit an employee of an insurance company insuring conveyances from obtaining a license as an elevator inspector.

(i) Have no financial interest in any business or operation which manufactures, installs, repairs, modifies, or services conveyances.

(ii) This qualification does not prohibit an employee of an insurance company insuring conveyances from obtaining a license as an elevator inspector.

(b) (1) (A) Unless working under the direct supervision of a licensed elevator contractor, no person shall: (i) Erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structure without an elevator mechanic license; or (ii) Wire any conveyance from the mainline feeder terminals on the controller without an elevator mechanic license. (B) A licensed elevator mechanic is not required for removing or dismantling a conveyance: (i) Destroyed as the result of the complete demolition of a secured building or structure; or (ii) When the demolition to the hoistway or wellway prevents access without endangerment. (2) To be eligible for an elevator mechanic license, the applicant or licensee shall: (A) Have three (3) years of verifiable work experience in constructing, maintaining, servicing, and repairing conveyances to the extent established by rules of the board; (B) Successfully pass a written examination approved by the board; and (C) Be currently employed by a licensed elevator contractor in the business of installing, constructing, altering, servicing, repairing, and maintaining conveyances.

(1) (A) Unless working under the direct supervision of a licensed elevator contractor, no person shall: (i) Erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structure without an elevator mechanic license; or (ii) Wire any conveyance from the mainline feeder terminals on the controller without an elevator mechanic license. (B) A licensed elevator mechanic is not required for removing or dismantling a conveyance: (i) Destroyed as the result of the complete demolition of a secured building or structure; or (ii) When the demolition to the hoistway or wellway prevents access without endangerment.

(A) Unless working under the direct supervision of a licensed elevator contractor, no person shall: (i) Erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structure without an elevator mechanic license; or (ii) Wire any conveyance from the mainline feeder terminals on the controller without an elevator mechanic license.

(i) Erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structure without an elevator mechanic license; or

(ii) Wire any conveyance from the mainline feeder terminals on the controller without an elevator mechanic license.

(B) A licensed elevator mechanic is not required for removing or dismantling a conveyance: (i) Destroyed as the result of the complete demolition of a secured building or structure; or (ii) When the demolition to the hoistway or wellway prevents access without endangerment.

(i) Destroyed as the result of the complete demolition of a secured building or structure; or

(ii) When the demolition to the hoistway or wellway prevents access without endangerment.

(2) To be eligible for an elevator mechanic license, the applicant or licensee shall: (A) Have three (3) years of verifiable work experience in constructing, maintaining, servicing, and repairing conveyances to the extent established by rules of the board; (B) Successfully pass a written examination approved by the board; and (C) Be currently employed by a licensed elevator contractor in the business of installing, constructing, altering, servicing, repairing, and maintaining conveyances.

(A) Have three (3) years of verifiable work experience in constructing, maintaining, servicing, and repairing conveyances to the extent established by rules of the board;

(B) Successfully pass a written examination approved by the board; and

(C) Be currently employed by a licensed elevator contractor in the business of installing, constructing, altering, servicing, repairing, and maintaining conveyances.

(c) (1) Except as provided in subsections (a) and (b) of this section, no person other than an elevator contractor may install, construct, alter, service, repair, test, maintain, or perform electrical work on a conveyance. (2) To be eligible for an elevator contractor license, the applicant or licensee shall: (A) Have in his or her employment a properly licensed elevator mechanic; and (B) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (i) Issued by an insurance company authorized to do business in Arkansas; and (ii) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.

(1) Except as provided in subsections (a) and (b) of this section, no person other than an elevator contractor may install, construct, alter, service, repair, test, maintain, or perform electrical work on a conveyance.

(2) To be eligible for an elevator contractor license, the applicant or licensee shall: (A) Have in his or her employment a properly licensed elevator mechanic; and (B) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (i) Issued by an insurance company authorized to do business in Arkansas; and (ii) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.

(A) Have in his or her employment a properly licensed elevator mechanic; and

(B) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (i) Issued by an insurance company authorized to do business in Arkansas; and (ii) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.

(i) Issued by an insurance company authorized to do business in Arkansas; and

(ii) Providing general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage.

Amended by Act 2019, No. 315,§ 2072, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2071, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5473, eff. 7/1/2019.

Amended by Act 2017, No. 968,§ 3, eff. 8/1/2017.

Acts 1963, No. 189, § 11; 1977, No. 539, § 6; 1983, No. 284, § 6; A.S.A. 1947, § 82-1811; Acts 1991, No. 1063, § 3; 2005, No. 1813, § 3.
Ark. Code Ann. § 20-9-104 — AR Code / Title 20 / Chapter 9 / Subchapter 1 / Section 20-9-104
Nonparticipation in maintenance of licensure or maintenance of certification - Definitions
Status: in_force

(a) As used in this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and (2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine. (b) (1) Except as required by medical staff bylaws of a hospital, a hospital licensed by the Department of Health shall not deny physician hospital staff or admitting privileges or employment based solely on the absence of maintenance of certification. (2) Subdivision (b)(1) of this section does not prevent a hospital from requiring physicians to undergo remedial or corrective courses or training as required by a quality improvement committee. Added by Act 2019, No. 804,§ 2, eff. 7/24/2019.

(a) As used in this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and (2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and

(2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(A) Specializes in one (1) particular area of medicine; and

(B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(b) (1) Except as required by medical staff bylaws of a hospital, a hospital licensed by the Department of Health shall not deny physician hospital staff or admitting privileges or employment based solely on the absence of maintenance of certification. (2) Subdivision (b)(1) of this section does not prevent a hospital from requiring physicians to undergo remedial or corrective courses or training as required by a quality improvement committee.

(1) Except as required by medical staff bylaws of a hospital, a hospital licensed by the Department of Health shall not deny physician hospital staff or admitting privileges or employment based solely on the absence of maintenance of certification.

(2) Subdivision (b)(1) of this section does not prevent a hospital from requiring physicians to undergo remedial or corrective courses or training as required by a quality improvement committee.

Added by Act 2019, No. 804,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-19-607 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-607
Enforcement
Status: in_force

(a) Upon probable cause, a law enforcement officer may seize a primate possessed or kept in violation of this subchapter. (b) A primate seized under this section is forfeited upon a judicial determination that: (1) The seized animal is a primate; and (2) The owner of the seized primate has violated this subchapter with regard to the seized primate. (c) (1) A primate seized and forfeited under this section shall be placed in the custody and control of a registered primate owner if possible. (2) If placement is not possible under subdivision (c)(1) of this section, a primate seized and forfeited under this section shall be placed in the custody and control of a zoo accredited by the Association of Zoos and Aquariums or a wildlife sanctuary. (d) (1) A primate seized but not forfeited under this section shall be impounded or quarantined at the home of a registered primate owner if possible. (2) If impoundment and quarantine under subdivision (d)(1) of this section is not possible, a primate seized but not forfeited under this section shall be kept in the custody of an institution accredited by the Association of Zoos and Aquariums, a wildlife sanctuary, or a temporary holding facility under § 20-19-603 until disposition of the seized primate. (e) (1) A zoo, wildlife sanctuary, or temporary holding facility having custody of a primate under this section may file a petition with the court requesting that the person from which the primate was seized or the owner of the primate be ordered to post security. (2) (A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facility in caring for and providing for the primate pending the disposition of the primate. (B) Reasonable expenses under subdivision (e)(2)(A) of this section include without limitation estimated medical care and boarding of the primate before disposition. (C) The amount of the security under subdivision (e)(2)(A) of this section shall be determined by the court after taking into consideration the facts and circumstances of the case, including without limitation the recommendation of the organization having custody and care of the seized primate and the cost of caring for the primate. (D) If security under subdivision (e)(2)(A) of this section has been posted, the zoo, the wildlife sanctuary, a registered primate owner, or the temporary holding facility may draw from the security the actual costs incurred in caring for the seized primate. (3) (A) Upon receipt of a petition the court shall set a hearing on the petition to be conducted within five (5) business days after the petition is filed. (B) The petitioner shall serve a copy of the petition on the owner of the primate and the law enforcement entity that seized the primate. (C) The petitioner also shall serve a copy of the petition on any interested person. (D) If the court orders the posting of security under this section, the person ordered to do so shall post the security with the clerk of the court within five (5) business days after the hearing. (E) Upon judicial determination on the disposition of the seized primate, a person that posted the security under this section is entitled to a refund of the security for any expenses not incurred by the impounding organization. (f) Voluntary relinquishment does not affect criminal charges that may be pursued by the appropriate authorities. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

(a) Upon probable cause, a law enforcement officer may seize a primate possessed or kept in violation of this subchapter.

(b) A primate seized under this section is forfeited upon a judicial determination that: (1) The seized animal is a primate; and (2) The owner of the seized primate has violated this subchapter with regard to the seized primate.

(1) The seized animal is a primate; and

(2) The owner of the seized primate has violated this subchapter with regard to the seized primate.

(c) (1) A primate seized and forfeited under this section shall be placed in the custody and control of a registered primate owner if possible. (2) If placement is not possible under subdivision (c)(1) of this section, a primate seized and forfeited under this section shall be placed in the custody and control of a zoo accredited by the Association of Zoos and Aquariums or a wildlife sanctuary.

(1) A primate seized and forfeited under this section shall be placed in the custody and control of a registered primate owner if possible.

(2) If placement is not possible under subdivision (c)(1) of this section, a primate seized and forfeited under this section shall be placed in the custody and control of a zoo accredited by the Association of Zoos and Aquariums or a wildlife sanctuary.

(d) (1) A primate seized but not forfeited under this section shall be impounded or quarantined at the home of a registered primate owner if possible. (2) If impoundment and quarantine under subdivision (d)(1) of this section is not possible, a primate seized but not forfeited under this section shall be kept in the custody of an institution accredited by the Association of Zoos and Aquariums, a wildlife sanctuary, or a temporary holding facility under § 20-19-603 until disposition of the seized primate.

(1) A primate seized but not forfeited under this section shall be impounded or quarantined at the home of a registered primate owner if possible.

(2) If impoundment and quarantine under subdivision (d)(1) of this section is not possible, a primate seized but not forfeited under this section shall be kept in the custody of an institution accredited by the Association of Zoos and Aquariums, a wildlife sanctuary, or a temporary holding facility under § 20-19-603 until disposition of the seized primate.

(e) (1) A zoo, wildlife sanctuary, or temporary holding facility having custody of a primate under this section may file a petition with the court requesting that the person from which the primate was seized or the owner of the primate be ordered to post security. (2) (A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facility in caring for and providing for the primate pending the disposition of the primate. (B) Reasonable expenses under subdivision (e)(2)(A) of this section include without limitation estimated medical care and boarding of the primate before disposition. (C) The amount of the security under subdivision (e)(2)(A) of this section shall be determined by the court after taking into consideration the facts and circumstances of the case, including without limitation the recommendation of the organization having custody and care of the seized primate and the cost of caring for the primate. (D) If security under subdivision (e)(2)(A) of this section has been posted, the zoo, the wildlife sanctuary, a registered primate owner, or the temporary holding facility may draw from the security the actual costs incurred in caring for the seized primate. (3) (A) Upon receipt of a petition the court shall set a hearing on the petition to be conducted within five (5) business days after the petition is filed. (B) The petitioner shall serve a copy of the petition on the owner of the primate and the law enforcement entity that seized the primate. (C) The petitioner also shall serve a copy of the petition on any interested person. (D) If the court orders the posting of security under this section, the person ordered to do so shall post the security with the clerk of the court within five (5) business days after the hearing. (E) Upon judicial determination on the disposition of the seized primate, a person that posted the security under this section is entitled to a refund of the security for any expenses not incurred by the impounding organization.

(1) A zoo, wildlife sanctuary, or temporary holding facility having custody of a primate under this section may file a petition with the court requesting that the person from which the primate was seized or the owner of the primate be ordered to post security.

(2) (A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facility in caring for and providing for the primate pending the disposition of the primate. (B) Reasonable expenses under subdivision (e)(2)(A) of this section include without limitation estimated medical care and boarding of the primate before disposition. (C) The amount of the security under subdivision (e)(2)(A) of this section shall be determined by the court after taking into consideration the facts and circumstances of the case, including without limitation the recommendation of the organization having custody and care of the seized primate and the cost of caring for the primate. (D) If security under subdivision (e)(2)(A) of this section has been posted, the zoo, the wildlife sanctuary, a registered primate owner, or the temporary holding facility may draw from the security the actual costs incurred in caring for the seized primate.

(A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facility in caring for and providing for the primate pending the disposition of the primate.

(B) Reasonable expenses under subdivision (e)(2)(A) of this section include without limitation estimated medical care and boarding of the primate before disposition.

(C) The amount of the security under subdivision (e)(2)(A) of this section shall be determined by the court after taking into consideration the facts and circumstances of the case, including without limitation the recommendation of the organization having custody and care of the seized primate and the cost of caring for the primate.

(D) If security under subdivision (e)(2)(A) of this section has been posted, the zoo, the wildlife sanctuary, a registered primate owner, or the temporary holding facility may draw from the security the actual costs incurred in caring for the seized primate.

(3) (A) Upon receipt of a petition the court shall set a hearing on the petition to be conducted within five (5) business days after the petition is filed. (B) The petitioner shall serve a copy of the petition on the owner of the primate and the law enforcement entity that seized the primate. (C) The petitioner also shall serve a copy of the petition on any interested person. (D) If the court orders the posting of security under this section, the person ordered to do so shall post the security with the clerk of the court within five (5) business days after the hearing. (E) Upon judicial determination on the disposition of the seized primate, a person that posted the security under this section is entitled to a refund of the security for any expenses not incurred by the impounding organization.

(A) Upon receipt of a petition the court shall set a hearing on the petition to be conducted within five (5) business days after the petition is filed.

(B) The petitioner shall serve a copy of the petition on the owner of the primate and the law enforcement entity that seized the primate.

(C) The petitioner also shall serve a copy of the petition on any interested person.

(D) If the court orders the posting of security under this section, the person ordered to do so shall post the security with the clerk of the court within five (5) business days after the hearing.

(E) Upon judicial determination on the disposition of the seized primate, a person that posted the security under this section is entitled to a refund of the security for any expenses not incurred by the impounding organization.

(f) Voluntary relinquishment does not affect criminal charges that may be pursued by the appropriate authorities.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-7-704 — AR Code / Title 20 / Chapter 7 / Subchapter 7 / Section 20-7-704
Prescriber education
Status: in_force

(a) (1) Within the first two (2) years of being granted a license in the state, a prescriber shall obtain a minimum of two (2) hours of prescribing education approved by the appropriate licensing board. (2) The education approved by the appropriate licensing board under subdivision (a)(1) of this section shall include: (A) Options for online and in-person programs; and (B) Information on prescribing rules, regulations, and laws that apply to individuals who are licensed in the state. (b) This section shall apply to all prescribers licensed after December 31, 2015. Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.

(a) (1) Within the first two (2) years of being granted a license in the state, a prescriber shall obtain a minimum of two (2) hours of prescribing education approved by the appropriate licensing board. (2) The education approved by the appropriate licensing board under subdivision (a)(1) of this section shall include: (A) Options for online and in-person programs; and (B) Information on prescribing rules, regulations, and laws that apply to individuals who are licensed in the state.

(1) Within the first two (2) years of being granted a license in the state, a prescriber shall obtain a minimum of two (2) hours of prescribing education approved by the appropriate licensing board.

(2) The education approved by the appropriate licensing board under subdivision (a)(1) of this section shall include: (A) Options for online and in-person programs; and (B) Information on prescribing rules, regulations, and laws that apply to individuals who are licensed in the state.

(A) Options for online and in-person programs; and

(B) Information on prescribing rules, regulations, and laws that apply to individuals who are licensed in the state.

(b) This section shall apply to all prescribers licensed after December 31, 2015.

Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.
Ark. Code Ann. § 20-48-417 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-417
Property and personal effects of residents
Status: in_force

(a) (1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to: (A) The resident's personal representative, if a personal representative has been appointed by a court at the time that the human development center disburses the funds and distributes any other property; (B) If a personal representative has not been appointed by a court, the resident's spouse; or (C) If the resident did not have a spouse and a personal representative has not been appointed by the court, the beneficiary named in the beneficiary designation form provided to the human development center by the resident. (2) A licensee, owner, administrator, or representative of a human development center shall not be named as a beneficiary on a beneficiary designation form. (3) The resident, or the resident's court-appointed guardian, shall complete the beneficiary designation form at the time of admission to a human development center in the presence of two (2) witnesses who shall sign the form. (b) (1) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, the funds held in trust shall be placed in an account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, within the same county as the human development center. (2) The funds shall not be represented as part of the assets of the human development center on a financial statement. (3) The human development center shall maintain: (A) One (1) account for each resident in which are placed all funds held in trust for that resident; (B) Adequate records to permit compilation of the amount due to each deceased resident's account; and (C) The resident's account until the funds are disbursed under the probate law, § 28-1-101 et seq. (c) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, all other property held shall be disbursed to the closest relatives of the resident as determined under § 28-9-214 . (d) (1) If any intangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Auditor of State in accordance with § 18-28-201 et seq. (2) If any tangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Division of Developmental Disabilities Services. (e) The funds and all other property of the deceased resident shall be kept separate from the funds and other property of: (1) The human development center; and (2) Other residents of the human development center. Added by Act 2019, No. 460,§ 1, eff. 7/24/2019.

(a) (1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to: (A) The resident's personal representative, if a personal representative has been appointed by a court at the time that the human development center disburses the funds and distributes any other property; (B) If a personal representative has not been appointed by a court, the resident's spouse; or (C) If the resident did not have a spouse and a personal representative has not been appointed by the court, the beneficiary named in the beneficiary designation form provided to the human development center by the resident. (2) A licensee, owner, administrator, or representative of a human development center shall not be named as a beneficiary on a beneficiary designation form. (3) The resident, or the resident's court-appointed guardian, shall complete the beneficiary designation form at the time of admission to a human development center in the presence of two (2) witnesses who shall sign the form.

(1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to: (A) The resident's personal representative, if a personal representative has been appointed by a court at the time that the human development center disburses the funds and distributes any other property; (B) If a personal representative has not been appointed by a court, the resident's spouse; or (C) If the resident did not have a spouse and a personal representative has not been appointed by the court, the beneficiary named in the beneficiary designation form provided to the human development center by the resident.

(A) The resident's personal representative, if a personal representative has been appointed by a court at the time that the human development center disburses the funds and distributes any other property;

(B) If a personal representative has not been appointed by a court, the resident's spouse; or

(C) If the resident did not have a spouse and a personal representative has not been appointed by the court, the beneficiary named in the beneficiary designation form provided to the human development center by the resident.

(2) A licensee, owner, administrator, or representative of a human development center shall not be named as a beneficiary on a beneficiary designation form.

(3) The resident, or the resident's court-appointed guardian, shall complete the beneficiary designation form at the time of admission to a human development center in the presence of two (2) witnesses who shall sign the form.

(b) (1) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, the funds held in trust shall be placed in an account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, within the same county as the human development center. (2) The funds shall not be represented as part of the assets of the human development center on a financial statement. (3) The human development center shall maintain: (A) One (1) account for each resident in which are placed all funds held in trust for that resident; (B) Adequate records to permit compilation of the amount due to each deceased resident's account; and (C) The resident's account until the funds are disbursed under the probate law, § 28-1-101 et seq.

(1) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, the funds held in trust shall be placed in an account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, within the same county as the human development center.

(2) The funds shall not be represented as part of the assets of the human development center on a financial statement.

(3) The human development center shall maintain: (A) One (1) account for each resident in which are placed all funds held in trust for that resident; (B) Adequate records to permit compilation of the amount due to each deceased resident's account; and (C) The resident's account until the funds are disbursed under the probate law, § 28-1-101 et seq.

(A) One (1) account for each resident in which are placed all funds held in trust for that resident;

(B) Adequate records to permit compilation of the amount due to each deceased resident's account; and

(C) The resident's account until the funds are disbursed under the probate law, § 28-1-101 et seq.

(c) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, all other property held shall be disbursed to the closest relatives of the resident as determined under § 28-9-214 .

(d) (1) If any intangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Auditor of State in accordance with § 18-28-201 et seq. (2) If any tangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Division of Developmental Disabilities Services.

(1) If any intangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Auditor of State in accordance with § 18-28-201 et seq.

(2) If any tangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Division of Developmental Disabilities Services.

(e) The funds and all other property of the deceased resident shall be kept separate from the funds and other property of: (1) The human development center; and (2) Other residents of the human development center.

(1) The human development center; and

(2) Other residents of the human development center.

Added by Act 2019, No. 460,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-21-207 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-207
State Radiation Control Agency - Powers and duties generally
Status: in_force

(a) For the protection of the occupational and public health and safety, the State Radiation Control Agency shall: (1) Develop programs for evaluation and control of hazards associated with the use of sources of ionizing radiation; (2) Develop programs, with due regard for compatibility with federal programs, for regulation of radioactive material and for regulation of radiation equipment; (3) Formulate, adopt, promulgate, and repeal codes and rules which may provide for licensing or registration relating to control, storage, or disposal of sources of ionizing radiation with due regard for compatibility with the regulatory programs of the United States Government; (4) Issue such orders or modifications as may be necessary in connection with proceedings under this subchapter. This power is intended for use in conjunction with any licensing or registration authority; (5) Advise, consult, and cooperate with other agencies of the state, the United States Government, other states and interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation; (6) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government and from other sources, public or private; (7) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation; and (8) Collect and disseminate information relating to control of sources of ionizing radiation, including: (A) Maintenance of a file of all license or registration applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of general license registrants possessing sources of ionizing radiation requiring registration under this subchapter and any administrative or judicial action pertaining thereto; and (C) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon. (b) (1) The State Radiation Control Agency is authorized to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Arkansas, any lands, buildings, and grounds where radioactive by-products and wastes produced by industrial, medical, agricultural, scientific, or other organizations can be concentrated, stored, or otherwise disposed of in a manner consistent with public health and safety. (2) The State Radiation Control Agency may exercise its power to condemn as prescribed by law for condemnation by the Arkansas Department of Transportation in § 27-67-301 et seq. (3) The State Radiation Control Agency shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or the United States Government. (c) (1) (A) For licensed activities involving commercial burial of radioactive waste, the State Radiation Control Agency shall, and for other classes of licensed activity the State Radiation Control Agency may, establish by rule standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the State Radiation Control Agency for the decontamination, closure, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity, in case the licensee should default for any reason in performing such requirements. (B) (i) All sureties required under subdivision (c)(1)(A) of this section that are forfeited shall be paid to the State Radiation Control Agency for deposit by the Treasurer of State in a special fund called the "Radiation Site Closure and Reclamation Fund". (ii) All moneys in the Radiation Site Closure and Reclamation Fund are appropriated to and may be expended by the State Radiation Control Agency as necessary to complete such requirements on which licensees have defaulted. (iii) Moneys in the Radiation Site Closure and Reclamation Fund shall not be used for normal operating expenses of the State Radiation Control Agency. (2) (A) The State Radiation Control Agency shall allow the Secretary of the Department of Health or his or her authorized representative to require a licensee to deposit funds on an annual, semiannual, or quarterly basis into a trust fund established for the exclusive purpose set out in this subdivision (c)(2). (B) The Perpetual Maintenance Fund shall be defined so as to embrace each of the following: (i) A source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a radioactive waste concentration, storage, and disposal site as described in subsection (b) of this section or a source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning; (ii) The Perpetual Maintenance Fund shall have two (2) inputs: (a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subsection (b) of this section; and (b) (1) Moneys accrued as interest on a trust fund established by a licensee. (2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning; (iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the State Radiation Control Agency for use in a way consonant with this subchapter, including such items as long-term site surveillance, maintenance, and other care; and (iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the secretary and deposited by the Treasurer of State. (C) (i) To provide for the proper care and surveillance of licensed sites subject to subdivision (c)(2)(B)(i) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section. (ii) Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state. (D) (i) The funds required by this subdivision (c)(2) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety. (ii) In arriving at the rate of funds to be deposited, the State Radiation Control Agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision. (E) (i) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department, all lands, buildings, and grounds acquired by the state under subdivision (c)(2)(C) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (c)(2)(C) of this section. (ii) All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state. (F) (i) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump-sum deposit shall be made to a trust fund. (ii) The amount of the deposit shall be determined by the secretary, taking into consideration the factors stated in subdivision (c)(2)(D) of this section. (3) The sureties or other financial arrangements and funds required by subdivisions (c)(1) and (2) of this section shall be established in amounts sufficient to ensure compliance with those standards, if any, established by the United States Nuclear Regulatory Commission pertaining to closure, decommissioning, reclamation, and long-term site surveillance and care of such facilities and sites. (4) All state, local, or other governmental agencies or subdivisions shall be exempt from the requirements of subdivisions (c)(1) and (2) of this section. (5) The State Radiation Control Agency may by contract, agreement, lease, or license with any person, including another state agency, provide for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site subject to this subsection as needed to carry out the purposes of this section. Amended by Act 2021, No. 268,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5023, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5022, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5021, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5020, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 61, eff. 8/1/2017. Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.

(a) For the protection of the occupational and public health and safety, the State Radiation Control Agency shall: (1) Develop programs for evaluation and control of hazards associated with the use of sources of ionizing radiation; (2) Develop programs, with due regard for compatibility with federal programs, for regulation of radioactive material and for regulation of radiation equipment; (3) Formulate, adopt, promulgate, and repeal codes and rules which may provide for licensing or registration relating to control, storage, or disposal of sources of ionizing radiation with due regard for compatibility with the regulatory programs of the United States Government; (4) Issue such orders or modifications as may be necessary in connection with proceedings under this subchapter. This power is intended for use in conjunction with any licensing or registration authority; (5) Advise, consult, and cooperate with other agencies of the state, the United States Government, other states and interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation; (6) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government and from other sources, public or private; (7) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation; and (8) Collect and disseminate information relating to control of sources of ionizing radiation, including: (A) Maintenance of a file of all license or registration applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of general license registrants possessing sources of ionizing radiation requiring registration under this subchapter and any administrative or judicial action pertaining thereto; and (C) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon.

(1) Develop programs for evaluation and control of hazards associated with the use of sources of ionizing radiation;

(2) Develop programs, with due regard for compatibility with federal programs, for regulation of radioactive material and for regulation of radiation equipment;

(3) Formulate, adopt, promulgate, and repeal codes and rules which may provide for licensing or registration relating to control, storage, or disposal of sources of ionizing radiation with due regard for compatibility with the regulatory programs of the United States Government;

(4) Issue such orders or modifications as may be necessary in connection with proceedings under this subchapter. This power is intended for use in conjunction with any licensing or registration authority;

(5) Advise, consult, and cooperate with other agencies of the state, the United States Government, other states and interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation;

(6) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government and from other sources, public or private;

(7) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation; and

(8) Collect and disseminate information relating to control of sources of ionizing radiation, including: (A) Maintenance of a file of all license or registration applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of general license registrants possessing sources of ionizing radiation requiring registration under this subchapter and any administrative or judicial action pertaining thereto; and (C) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon.

(A) Maintenance of a file of all license or registration applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;

(B) Maintenance of a file of general license registrants possessing sources of ionizing radiation requiring registration under this subchapter and any administrative or judicial action pertaining thereto; and

(C) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon.

(b) (1) The State Radiation Control Agency is authorized to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Arkansas, any lands, buildings, and grounds where radioactive by-products and wastes produced by industrial, medical, agricultural, scientific, or other organizations can be concentrated, stored, or otherwise disposed of in a manner consistent with public health and safety. (2) The State Radiation Control Agency may exercise its power to condemn as prescribed by law for condemnation by the Arkansas Department of Transportation in § 27-67-301 et seq. (3) The State Radiation Control Agency shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or the United States Government.

(1) The State Radiation Control Agency is authorized to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Arkansas, any lands, buildings, and grounds where radioactive by-products and wastes produced by industrial, medical, agricultural, scientific, or other organizations can be concentrated, stored, or otherwise disposed of in a manner consistent with public health and safety.

(2) The State Radiation Control Agency may exercise its power to condemn as prescribed by law for condemnation by the Arkansas Department of Transportation in § 27-67-301 et seq.

(3) The State Radiation Control Agency shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or the United States Government.

(c) (1) (A) For licensed activities involving commercial burial of radioactive waste, the State Radiation Control Agency shall, and for other classes of licensed activity the State Radiation Control Agency may, establish by rule standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the State Radiation Control Agency for the decontamination, closure, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity, in case the licensee should default for any reason in performing such requirements. (B) (i) All sureties required under subdivision (c)(1)(A) of this section that are forfeited shall be paid to the State Radiation Control Agency for deposit by the Treasurer of State in a special fund called the "Radiation Site Closure and Reclamation Fund". (ii) All moneys in the Radiation Site Closure and Reclamation Fund are appropriated to and may be expended by the State Radiation Control Agency as necessary to complete such requirements on which licensees have defaulted. (iii) Moneys in the Radiation Site Closure and Reclamation Fund shall not be used for normal operating expenses of the State Radiation Control Agency. (2) (A) The State Radiation Control Agency shall allow the Secretary of the Department of Health or his or her authorized representative to require a licensee to deposit funds on an annual, semiannual, or quarterly basis into a trust fund established for the exclusive purpose set out in this subdivision (c)(2). (B) The Perpetual Maintenance Fund shall be defined so as to embrace each of the following: (i) A source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a radioactive waste concentration, storage, and disposal site as described in subsection (b) of this section or a source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning; (ii) The Perpetual Maintenance Fund shall have two (2) inputs: (a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subsection (b) of this section; and (b) (1) Moneys accrued as interest on a trust fund established by a licensee. (2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning; (iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the State Radiation Control Agency for use in a way consonant with this subchapter, including such items as long-term site surveillance, maintenance, and other care; and (iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the secretary and deposited by the Treasurer of State. (C) (i) To provide for the proper care and surveillance of licensed sites subject to subdivision (c)(2)(B)(i) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section. (ii) Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state. (D) (i) The funds required by this subdivision (c)(2) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety. (ii) In arriving at the rate of funds to be deposited, the State Radiation Control Agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision. (E) (i) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department, all lands, buildings, and grounds acquired by the state under subdivision (c)(2)(C) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (c)(2)(C) of this section. (ii) All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state. (F) (i) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump-sum deposit shall be made to a trust fund. (ii) The amount of the deposit shall be determined by the secretary, taking into consideration the factors stated in subdivision (c)(2)(D) of this section. (3) The sureties or other financial arrangements and funds required by subdivisions (c)(1) and (2) of this section shall be established in amounts sufficient to ensure compliance with those standards, if any, established by the United States Nuclear Regulatory Commission pertaining to closure, decommissioning, reclamation, and long-term site surveillance and care of such facilities and sites. (4) All state, local, or other governmental agencies or subdivisions shall be exempt from the requirements of subdivisions (c)(1) and (2) of this section. (5) The State Radiation Control Agency may by contract, agreement, lease, or license with any person, including another state agency, provide for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site subject to this subsection as needed to carry out the purposes of this section.

(1) (A) For licensed activities involving commercial burial of radioactive waste, the State Radiation Control Agency shall, and for other classes of licensed activity the State Radiation Control Agency may, establish by rule standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the State Radiation Control Agency for the decontamination, closure, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity, in case the licensee should default for any reason in performing such requirements. (B) (i) All sureties required under subdivision (c)(1)(A) of this section that are forfeited shall be paid to the State Radiation Control Agency for deposit by the Treasurer of State in a special fund called the "Radiation Site Closure and Reclamation Fund". (ii) All moneys in the Radiation Site Closure and Reclamation Fund are appropriated to and may be expended by the State Radiation Control Agency as necessary to complete such requirements on which licensees have defaulted. (iii) Moneys in the Radiation Site Closure and Reclamation Fund shall not be used for normal operating expenses of the State Radiation Control Agency.

(A) For licensed activities involving commercial burial of radioactive waste, the State Radiation Control Agency shall, and for other classes of licensed activity the State Radiation Control Agency may, establish by rule standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the State Radiation Control Agency for the decontamination, closure, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity, in case the licensee should default for any reason in performing such requirements.

(B) (i) All sureties required under subdivision (c)(1)(A) of this section that are forfeited shall be paid to the State Radiation Control Agency for deposit by the Treasurer of State in a special fund called the "Radiation Site Closure and Reclamation Fund". (ii) All moneys in the Radiation Site Closure and Reclamation Fund are appropriated to and may be expended by the State Radiation Control Agency as necessary to complete such requirements on which licensees have defaulted. (iii) Moneys in the Radiation Site Closure and Reclamation Fund shall not be used for normal operating expenses of the State Radiation Control Agency.

(i) All sureties required under subdivision (c)(1)(A) of this section that are forfeited shall be paid to the State Radiation Control Agency for deposit by the Treasurer of State in a special fund called the "Radiation Site Closure and Reclamation Fund".

(ii) All moneys in the Radiation Site Closure and Reclamation Fund are appropriated to and may be expended by the State Radiation Control Agency as necessary to complete such requirements on which licensees have defaulted.

(iii) Moneys in the Radiation Site Closure and Reclamation Fund shall not be used for normal operating expenses of the State Radiation Control Agency.

(2) (A) The State Radiation Control Agency shall allow the Secretary of the Department of Health or his or her authorized representative to require a licensee to deposit funds on an annual, semiannual, or quarterly basis into a trust fund established for the exclusive purpose set out in this subdivision (c)(2). (B) The Perpetual Maintenance Fund shall be defined so as to embrace each of the following: (i) A source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a radioactive waste concentration, storage, and disposal site as described in subsection (b) of this section or a source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning; (ii) The Perpetual Maintenance Fund shall have two (2) inputs: (a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subsection (b) of this section; and (b) (1) Moneys accrued as interest on a trust fund established by a licensee. (2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning; (iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the State Radiation Control Agency for use in a way consonant with this subchapter, including such items as long-term site surveillance, maintenance, and other care; and (iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the secretary and deposited by the Treasurer of State. (C) (i) To provide for the proper care and surveillance of licensed sites subject to subdivision (c)(2)(B)(i) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section. (ii) Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state. (D) (i) The funds required by this subdivision (c)(2) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety. (ii) In arriving at the rate of funds to be deposited, the State Radiation Control Agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision. (E) (i) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department, all lands, buildings, and grounds acquired by the state under subdivision (c)(2)(C) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (c)(2)(C) of this section. (ii) All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state. (F) (i) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump-sum deposit shall be made to a trust fund. (ii) The amount of the deposit shall be determined by the secretary, taking into consideration the factors stated in subdivision (c)(2)(D) of this section.

(A) The State Radiation Control Agency shall allow the Secretary of the Department of Health or his or her authorized representative to require a licensee to deposit funds on an annual, semiannual, or quarterly basis into a trust fund established for the exclusive purpose set out in this subdivision (c)(2).

(B) The Perpetual Maintenance Fund shall be defined so as to embrace each of the following: (i) A source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a radioactive waste concentration, storage, and disposal site as described in subsection (b) of this section or a source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning; (ii) The Perpetual Maintenance Fund shall have two (2) inputs: (a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subsection (b) of this section; and (b) (1) Moneys accrued as interest on a trust fund established by a licensee. (2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning; (iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the State Radiation Control Agency for use in a way consonant with this subchapter, including such items as long-term site surveillance, maintenance, and other care; and (iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the secretary and deposited by the Treasurer of State.

(i) A source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a radioactive waste concentration, storage, and disposal site as described in subsection (b) of this section or a source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning;

(ii) The Perpetual Maintenance Fund shall have two (2) inputs: (a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subsection (b) of this section; and (b) (1) Moneys accrued as interest on a trust fund established by a licensee. (2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning;

(a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subsection (b) of this section; and

(b) (1) Moneys accrued as interest on a trust fund established by a licensee. (2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning;

(1) Moneys accrued as interest on a trust fund established by a licensee.

(2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning;

(iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the State Radiation Control Agency for use in a way consonant with this subchapter, including such items as long-term site surveillance, maintenance, and other care; and

(iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the secretary and deposited by the Treasurer of State.

(C) (i) To provide for the proper care and surveillance of licensed sites subject to subdivision (c)(2)(B)(i) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section. (ii) Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state.

(i) To provide for the proper care and surveillance of licensed sites subject to subdivision (c)(2)(B)(i) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section.

(ii) Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state.

(D) (i) The funds required by this subdivision (c)(2) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety. (ii) In arriving at the rate of funds to be deposited, the State Radiation Control Agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision.

(i) The funds required by this subdivision (c)(2) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety.

(ii) In arriving at the rate of funds to be deposited, the State Radiation Control Agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision.

(E) (i) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department, all lands, buildings, and grounds acquired by the state under subdivision (c)(2)(C) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (c)(2)(C) of this section. (ii) All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state.

(i) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department, all lands, buildings, and grounds acquired by the state under subdivision (c)(2)(C) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (c)(2)(C) of this section.

(ii) All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state.

(F) (i) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump-sum deposit shall be made to a trust fund. (ii) The amount of the deposit shall be determined by the secretary, taking into consideration the factors stated in subdivision (c)(2)(D) of this section.

(i) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump-sum deposit shall be made to a trust fund.

(ii) The amount of the deposit shall be determined by the secretary, taking into consideration the factors stated in subdivision (c)(2)(D) of this section.

(3) The sureties or other financial arrangements and funds required by subdivisions (c)(1) and (2) of this section shall be established in amounts sufficient to ensure compliance with those standards, if any, established by the United States Nuclear Regulatory Commission pertaining to closure, decommissioning, reclamation, and long-term site surveillance and care of such facilities and sites.

(4) All state, local, or other governmental agencies or subdivisions shall be exempt from the requirements of subdivisions (c)(1) and (2) of this section.

(5) The State Radiation Control Agency may by contract, agreement, lease, or license with any person, including another state agency, provide for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site subject to this subsection as needed to carry out the purposes of this section.

Amended by Act 2021, No. 268,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5023, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5022, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5021, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5020, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 61, eff. 8/1/2017.

Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.
Ark. Code Ann. § 20-64-601 — AR Code / Title 20 / Chapter 64 / Subchapter 6 / Section 20-64-601
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1107,§ 19, eff. 8/16/2013. Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132 Acts 2007, No. 251, § 4; 2007, No. 827, § 171.

Repealed by Act 2013, No. 1107,§ 19, eff. 8/16/2013.

Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132 Acts 2007, No. 251, § 4; 2007, No. 827, § 171.
Ark. Code Ann. § 20-8-801 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Volunteer Health Care Act". Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Volunteer Health Care Act".

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-27-1512 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1512
[Repealed]
Status: repealed

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021. Added by Act 2013, No. 596,§ 3, eff. 8/16/2013.

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021.

Added by Act 2013, No. 596,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 20-77-2502 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2502
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abuse" means provider practices that are inconsistent with sound fiscal, business, or medical practices and result in an unnecessary cost to the Medicaid program or in reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care. (B) "Abuse" includes recipient practices that result in an unnecessary cost to the Medicaid program; (2) (A) "Fraud" means a purposeful deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to the person or another person. (B) "Fraud" includes any act that constitutes fraud under applicable federal or state law; (3) "Healthcare plan" means a publicly or privately funded program or organization that is formed to provide or pay for healthcare goods or services, including without limitation: (A) Health insurance plans; (B) Managed care organization plans; (C) Risk-based provider plans; (D) The Arkansas Medicaid Program; (E) The Social Security Disability Insurance program; and (F) The Medicare program; (4) "Investigation" means investigations of fraud, abuse, or illegal acts perpetrated within the medical assistance program by providers or recipients of medical assistance care, services, and supplies; (5) "Person" means an individual or entity other than a recipient of a healthcare item or service; (6) "Recovery" means any action or attempt by the Medicaid Inspector General to recoup or collect Medicaid payments already made to a provider with respect to a claim by: (A) Reducing other payments currently owed to the provider; (B) Withholding or setting off the amount against current or future payments to the provider; (C) Demanding payment back from a provider for a claim already paid; or (D) Reducing or affecting in any other manner the future claim payments to the provider; and (7) "Waste" means that taxpayers are not receiving reasonable value for money in connection with a government-funded activity due to an inappropriate act or omission involving mismanagement, inappropriate actions, and inadequate oversight by the person with control over or access to government resources. Amended by Act 2017, No. 978,§ 14, eff. 8/1/2017. Amended by Act 2017, No. 978,§ 13, eff. 8/1/2017. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

As used in this subchapter:

(1) (A) "Abuse" means provider practices that are inconsistent with sound fiscal, business, or medical practices and result in an unnecessary cost to the Medicaid program or in reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care. (B) "Abuse" includes recipient practices that result in an unnecessary cost to the Medicaid program;

(A) "Abuse" means provider practices that are inconsistent with sound fiscal, business, or medical practices and result in an unnecessary cost to the Medicaid program or in reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care.

(B) "Abuse" includes recipient practices that result in an unnecessary cost to the Medicaid program;

(2) (A) "Fraud" means a purposeful deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to the person or another person. (B) "Fraud" includes any act that constitutes fraud under applicable federal or state law;

(A) "Fraud" means a purposeful deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to the person or another person.

(B) "Fraud" includes any act that constitutes fraud under applicable federal or state law;

(3) "Healthcare plan" means a publicly or privately funded program or organization that is formed to provide or pay for healthcare goods or services, including without limitation: (A) Health insurance plans; (B) Managed care organization plans; (C) Risk-based provider plans; (D) The Arkansas Medicaid Program; (E) The Social Security Disability Insurance program; and (F) The Medicare program;

(A) Health insurance plans;

(B) Managed care organization plans;

(C) Risk-based provider plans;

(D) The Arkansas Medicaid Program;

(E) The Social Security Disability Insurance program; and

(F) The Medicare program;

(4) "Investigation" means investigations of fraud, abuse, or illegal acts perpetrated within the medical assistance program by providers or recipients of medical assistance care, services, and supplies;

(5) "Person" means an individual or entity other than a recipient of a healthcare item or service;

(6) "Recovery" means any action or attempt by the Medicaid Inspector General to recoup or collect Medicaid payments already made to a provider with respect to a claim by: (A) Reducing other payments currently owed to the provider; (B) Withholding or setting off the amount against current or future payments to the provider; (C) Demanding payment back from a provider for a claim already paid; or (D) Reducing or affecting in any other manner the future claim payments to the provider; and

(A) Reducing other payments currently owed to the provider;

(B) Withholding or setting off the amount against current or future payments to the provider;

(C) Demanding payment back from a provider for a claim already paid; or

(D) Reducing or affecting in any other manner the future claim payments to the provider; and

(7) "Waste" means that taxpayers are not receiving reasonable value for money in connection with a government-funded activity due to an inappropriate act or omission involving mismanagement, inappropriate actions, and inadequate oversight by the person with control over or access to government resources.

Amended by Act 2017, No. 978,§ 14, eff. 8/1/2017.

Amended by Act 2017, No. 978,§ 13, eff. 8/1/2017.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-7-139 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-139
[Repealed]
Status: repealed

Repealed by Act 2017, No. 896,§ 2, eff. 8/1/2017. Added by Act 2013, No. 528,§ 2, eff. 3/28/2013.

Repealed by Act 2017, No. 896,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 528,§ 2, eff. 3/28/2013.
Ark. Code Ann. § 20-22-905 — AR Code / Title 20 / Chapter 22 / Subchapter 9 / Section 20-22-905
Filing and enforcement of lien
Status: in_force

(a) The volunteer fire department shall give ten (10) days' notice before the filing of the lien to the owner or agent that it holds a claim against the property setting forth the amount and from whom it is due. The notice may be served by any officer authorized by law to serve process in civil actions. When served by an officer, his or her official return endorsed on it shall be proof of service. (b) Whenever property is sought to be charged with a lien under this subchapter and § 23-88-102 and the owner is not a resident of this state, or conceals himself or herself or absents himself or herself from his or her usual place of abode so that the required notice cannot be served upon him or her, the notice may be filed with the clerk of the circuit court of the county in which the property to be charged with the lien is located. When filed, the lien shall have like effect as if served upon the owner or his or her agent and shall be received in all courts of this state as evidence of the service of the notice. (c) The volunteer fire department shall file with the clerk of the circuit court of the county in which the property to be charged with the lien is located, within one hundred twenty (120) days after the work and labor have been furnished and performed, a just and true account of the amount due and owing, after allowing all credits, and containing a correct description of the property to be charged with the lien, verified by affidavit. (d) All liens created by this subchapter and § 23-88-102 shall be enforced in the circuit court of the county wherein the property on which the lien is attached is located. (e) All actions under this subchapter and § 23-88-102 shall be commenced within fifteen (15) months after the filing of the lien. No lien shall continue to exist by virtue of the provisions of this subchapter and § 23-88-102 for more than fifteen (15) months after the lien shall be filed, unless within that time an action shall be instituted thereon. (f) The pleadings, practice, process, and other proceedings shall be the same as in ordinary civil actions and proceedings in circuit courts. The petition shall allege the facts necessary for securing a lien under this subchapter and § 23-88-102 together with a complete description of the property on which the lien is attached. Acts 1987, No. 836, § 3.

(a) The volunteer fire department shall give ten (10) days' notice before the filing of the lien to the owner or agent that it holds a claim against the property setting forth the amount and from whom it is due. The notice may be served by any officer authorized by law to serve process in civil actions. When served by an officer, his or her official return endorsed on it shall be proof of service.

(b) Whenever property is sought to be charged with a lien under this subchapter and § 23-88-102 and the owner is not a resident of this state, or conceals himself or herself or absents himself or herself from his or her usual place of abode so that the required notice cannot be served upon him or her, the notice may be filed with the clerk of the circuit court of the county in which the property to be charged with the lien is located. When filed, the lien shall have like effect as if served upon the owner or his or her agent and shall be received in all courts of this state as evidence of the service of the notice.

(c) The volunteer fire department shall file with the clerk of the circuit court of the county in which the property to be charged with the lien is located, within one hundred twenty (120) days after the work and labor have been furnished and performed, a just and true account of the amount due and owing, after allowing all credits, and containing a correct description of the property to be charged with the lien, verified by affidavit.

(d) All liens created by this subchapter and § 23-88-102 shall be enforced in the circuit court of the county wherein the property on which the lien is attached is located.

(e) All actions under this subchapter and § 23-88-102 shall be commenced within fifteen (15) months after the filing of the lien. No lien shall continue to exist by virtue of the provisions of this subchapter and § 23-88-102 for more than fifteen (15) months after the lien shall be filed, unless within that time an action shall be instituted thereon.

(f) The pleadings, practice, process, and other proceedings shall be the same as in ordinary civil actions and proceedings in circuit courts. The petition shall allege the facts necessary for securing a lien under this subchapter and § 23-88-102 together with a complete description of the property on which the lien is attached.

Acts 1987, No. 836, § 3.
Ark. Code Ann. § 20-77-1001 — AR Code / Title 20 / Chapter 77 / Subchapter 10 / Section 20-77-1001
Creation - Reporting requirement
Status: in_force

(a) The Department of Human Services shall establish the Donated Dental Services Program of Arkansas to coordinate the services of volunteer dentists and dental laboratories who will provide comprehensive dental care to needy, disabled, aged, and medically compromised individuals. (b) The department may fulfill its obligations under this section by awarding a grant for the administration of the program. (c) The department shall file a report with the Legislative Council on the program no later than September 1 of each year. Acts 1997, No. 145, § 1.

(a) The Department of Human Services shall establish the Donated Dental Services Program of Arkansas to coordinate the services of volunteer dentists and dental laboratories who will provide comprehensive dental care to needy, disabled, aged, and medically compromised individuals.

(b) The department may fulfill its obligations under this section by awarding a grant for the administration of the program.

(c) The department shall file a report with the Legislative Council on the program no later than September 1 of each year.

Acts 1997, No. 145, § 1.
Ark. Code Ann. § 20-18-203 — AR Code / Title 20 / Chapter 18 / Subchapter 2 / Section 20-18-203
State Registrar of Vital Records
Status: in_force

(a) The Secretary of the Department of Health shall appoint the State Registrar of Vital Records. (b) (1) The state registrar shall: (A) Administer and enforce this chapter and the rules issued under this chapter and issue instructions for the efficient administration of the statewide system of vital statistics; (B) Direct and supervise the statewide system of vital statistics and the Division of Vital Records and be custodian of its records; (C) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the statewide system of vital statistics; (D) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics; (E) Prescribe, with the approval of the State Board of Health, furnish, and distribute forms required by this chapter and the rules issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate registration; (F) Prepare and publish in a timely manner annual reports of vital statistics of this state and such other reports as may be required by the board; and (G) Provide in a timely manner to local health agencies, and for public releases, copies of data derived from certificates and reports required under this chapter, as deemed necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. (2) The state registrar may establish or designate additional offices in the state to aid in the efficient administration of the statewide system of vital statistics. (3) The state registrar may delegate functions and duties vested in him or her to employees of the division and to employees of an office established or designated under subdivision (b)(2) of this section. (4) (A) The state registrar shall provide copies of certificates or reports required under this chapter or data derived from such certificates or reports, as deemed necessary, to the Arkansas Center for Health Statistics of the Department of Health for statistical analysis and presentation. (B) The state registrar shall establish a schedule for the transmittal with the division. (C) The records or data shall remain the property of the division, and the uses which may be made of the records or data shall be governed by the state registrar. (D) A schedule for the disposition of the certificates, reports, or data provided under this subdivision (b)(4) shall be established by the state registrar. (5) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar may match birth and death certificates, in accordance with rules, which require proof beyond a reasonable doubt of the fact of death and to post the facts of death to the appropriate birth certificate and mark the birth certificate "Deceased". Copies issued from birth certificates of deceased persons shall be similarly marked. Amended by Act 2019, No. 315,§ 1957, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1956, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5013, eff. 7/1/2019. Acts 1981, No. 120, §§ 4, 5; A.S.A. 1947, §§ 82-504, 82-505; Acts 1989, No. 396, § 1; 1995, No. 1254, § 7; 1995, No. 1295, § 1.

(a) The Secretary of the Department of Health shall appoint the State Registrar of Vital Records.

(b) (1) The state registrar shall: (A) Administer and enforce this chapter and the rules issued under this chapter and issue instructions for the efficient administration of the statewide system of vital statistics; (B) Direct and supervise the statewide system of vital statistics and the Division of Vital Records and be custodian of its records; (C) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the statewide system of vital statistics; (D) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics; (E) Prescribe, with the approval of the State Board of Health, furnish, and distribute forms required by this chapter and the rules issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate registration; (F) Prepare and publish in a timely manner annual reports of vital statistics of this state and such other reports as may be required by the board; and (G) Provide in a timely manner to local health agencies, and for public releases, copies of data derived from certificates and reports required under this chapter, as deemed necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. (2) The state registrar may establish or designate additional offices in the state to aid in the efficient administration of the statewide system of vital statistics. (3) The state registrar may delegate functions and duties vested in him or her to employees of the division and to employees of an office established or designated under subdivision (b)(2) of this section. (4) (A) The state registrar shall provide copies of certificates or reports required under this chapter or data derived from such certificates or reports, as deemed necessary, to the Arkansas Center for Health Statistics of the Department of Health for statistical analysis and presentation. (B) The state registrar shall establish a schedule for the transmittal with the division. (C) The records or data shall remain the property of the division, and the uses which may be made of the records or data shall be governed by the state registrar. (D) A schedule for the disposition of the certificates, reports, or data provided under this subdivision (b)(4) shall be established by the state registrar. (5) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar may match birth and death certificates, in accordance with rules, which require proof beyond a reasonable doubt of the fact of death and to post the facts of death to the appropriate birth certificate and mark the birth certificate "Deceased". Copies issued from birth certificates of deceased persons shall be similarly marked.

(1) The state registrar shall: (A) Administer and enforce this chapter and the rules issued under this chapter and issue instructions for the efficient administration of the statewide system of vital statistics; (B) Direct and supervise the statewide system of vital statistics and the Division of Vital Records and be custodian of its records; (C) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the statewide system of vital statistics; (D) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics; (E) Prescribe, with the approval of the State Board of Health, furnish, and distribute forms required by this chapter and the rules issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate registration; (F) Prepare and publish in a timely manner annual reports of vital statistics of this state and such other reports as may be required by the board; and (G) Provide in a timely manner to local health agencies, and for public releases, copies of data derived from certificates and reports required under this chapter, as deemed necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data.

(A) Administer and enforce this chapter and the rules issued under this chapter and issue instructions for the efficient administration of the statewide system of vital statistics;

(B) Direct and supervise the statewide system of vital statistics and the Division of Vital Records and be custodian of its records;

(C) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the statewide system of vital statistics;

(D) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics;

(E) Prescribe, with the approval of the State Board of Health, furnish, and distribute forms required by this chapter and the rules issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate registration;

(F) Prepare and publish in a timely manner annual reports of vital statistics of this state and such other reports as may be required by the board; and

(G) Provide in a timely manner to local health agencies, and for public releases, copies of data derived from certificates and reports required under this chapter, as deemed necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data.

(2) The state registrar may establish or designate additional offices in the state to aid in the efficient administration of the statewide system of vital statistics.

(3) The state registrar may delegate functions and duties vested in him or her to employees of the division and to employees of an office established or designated under subdivision (b)(2) of this section.

(4) (A) The state registrar shall provide copies of certificates or reports required under this chapter or data derived from such certificates or reports, as deemed necessary, to the Arkansas Center for Health Statistics of the Department of Health for statistical analysis and presentation. (B) The state registrar shall establish a schedule for the transmittal with the division. (C) The records or data shall remain the property of the division, and the uses which may be made of the records or data shall be governed by the state registrar. (D) A schedule for the disposition of the certificates, reports, or data provided under this subdivision (b)(4) shall be established by the state registrar.

(A) The state registrar shall provide copies of certificates or reports required under this chapter or data derived from such certificates or reports, as deemed necessary, to the Arkansas Center for Health Statistics of the Department of Health for statistical analysis and presentation.

(B) The state registrar shall establish a schedule for the transmittal with the division.

(C) The records or data shall remain the property of the division, and the uses which may be made of the records or data shall be governed by the state registrar.

(D) A schedule for the disposition of the certificates, reports, or data provided under this subdivision (b)(4) shall be established by the state registrar.

(5) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar may match birth and death certificates, in accordance with rules, which require proof beyond a reasonable doubt of the fact of death and to post the facts of death to the appropriate birth certificate and mark the birth certificate "Deceased". Copies issued from birth certificates of deceased persons shall be similarly marked.

Amended by Act 2019, No. 315,§ 1957, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1956, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5013, eff. 7/1/2019.

Acts 1981, No. 120, §§ 4, 5; A.S.A. 1947, §§ 82-504, 82-505; Acts 1989, No. 396, § 1; 1995, No. 1254, § 7; 1995, No. 1295, § 1.
Ark. Code Ann. § 20-77-2706 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2706
Characteristics and duties of risk-based provider organization
Status: in_force

(a) A risk-based provider organization shall: (1) Be authorized to conduct business in the state; (2) Hold a valid certificate of authority issued by the Secretary of State; (3) Have an ownership interest of not less than fifty-one percent (51%) by participating providers; and (4) Include within membership of the risk-based provider organization: (A) An Arkansas licensed or certified direct service provider of developmental disabilities services; (B) An Arkansas licensed or certified direct service provider of behavioral health services; (C) An Arkansas licensed hospital or hospital services organization; (D) An Arkansas licensed physician practice; and (E) A pharmacist who is licensed by the Arkansas State Board of Pharmacy. (b) A risk-based provider organization that meets the requirements of subsection (a) of this section may include any of the following entities for access to and coordination with direct service providers and to facilitate access to flexible services and other community and support services: (1) A carrier; (2) An administrative entity; (3) A federally qualified health center; (4) A rural health clinic; (5) An associated participant; or (6) Any other type of direct service provider that delivers or is qualified to deliver healthcare services to enrollable Medicaid beneficiary populations. (c) A risk-based provider organization may provide healthcare services directly to enrollable Medicaid beneficiary populations or through: (1) A direct service provider that is a participating provider in the risk-based provider organization; (2) A direct service provider subcontracted by the risk-based provider organization; or (3) An independent provider that enters into a provider agreement or business relationship with a direct service provider. (d) (1) Except as provided in subdivision (d)(2) of this section, reimbursement rates paid by a risk-based provider organization to direct service providers shall: (A) Be determined by mutual agreement of the risk-based provider organization and direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and (B) Assure efficiency, economy, quality, and equal access to enrollable Medicaid beneficiary populations in the same manner as to individuals who are not covered by the Arkansas Medicaid Program. (2) The reimbursement rates established by a risk-based provider organization shall not be subject to any administrative review by the Insurance Commissioner. (3) A risk-based provider organization may contract with the Community Pharmacy Enhanced Services Network to provide enhanced pharmacist services to manage complex patients at a mutually agreed upon rate schedule. (e) (1) Except as provided in subdivision (e)(2) of this section, all policies and procedures regarding the provision of healthcare services by a direct service provider shall: (A) Be determined by mutual agreement of the risk-based provider organization and the direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and (B) Assure efficiency, economy, quality, and equal access to the enrollable Medicaid beneficiary population in the same manner as individuals who are not covered by the Arkansas Medicaid Program. (2) A direct service provider that is delivering services to the enrollable Medicaid beneficiary populations shall: (A) Meet any licensing or certification requirements set by law or rule; and (B) Not otherwise be disqualified from participating in the Arkansas Medicaid Program or Medicare. (f) Upon licensure by the commissioner, a risk-based provider organization shall perform the following functions: (1) Enroll members of enrollable Medicaid beneficiary populations into the risk-based provider organization and remove members of enrollable Medicaid beneficiary populations from the risk-based provider organization; (2) Ensure the following: (A) Protection of beneficiary rights and due process in accordance with federally mandated regulations governing Medicaid managed care organizations; (B) Proper credentialing of direct service providers in accordance with state and federal requirements; (C) Care coordination of members enrolled into the risk-based provider organization; and (D) A consumer advisory council consisting of consumers of developmental disability services and behavioral health services, including substance abuse treatment and services; (3) Process claims or otherwise ensure payment to direct service providers within time frames established under federal regulations for goods and services delivered to the enrollable Medicaid beneficiary populations; (4) Maintain the following: (A) A network of direct service providers sufficient to ensure that all services to recipients are adequately accessible within time and distance requirements defined by the state; and (B) A reserve of six million dollars ($6,000,000) and an additional amount as determined by the commissioner at the initial licensure based upon the risk assumed and the projected liabilities under standards promulgated by rules of the State Insurance Department; (5) Comply with all data collection and reporting requirements established by the commissioner; (6) Provide the following: (A) Financial reports and information to the commissioner as required by the commissioner in rules applicable to risk-based provider organizations; and (B) Practice and clinical support to direct service providers; and (7) Manage the following: (A) (i) Global capitated payments and the attendant financial risks for delivery of services to the enrollable Medicaid beneficiary populations. (ii) The Department of Human Services shall develop actuarially sound capitated rates for a defined scope of services under a risk methodology that may include risk adjustments, reinsurance, and stop-loss funding methods; and (B) (i) Incentive payments received from the Department of Human Services when quality and outcome measures are achieved. (ii) The Department of Human Services shall develop rules, in consultation with direct service providers for individuals with behavioral health needs and individuals with intellectual and development disabilities, establishing criteria for quality incentive payments to encourage and reward delivery of high-quality care and services by a risk-based provider organization. (g) (1) On and after January 1, 2023, a carrier or participating provider shall not hold, own, or have a beneficial ownership in a related party, holding company, common stock holding, or any similar financial instrument or corporate structure, whether through a subsidiary, parent, or affiliate, with an ownership interest in more than one (1) risk-based provider organization holding a contract with the Arkansas Medicaid Program. (2) (A) For risk-based provider organizations issued contracts with the Arkansas Medicaid Program before July 1, 2021, the carrier or participating provider having beneficial ownership in more than one (1) risk-based provider organization as identified by the commissioner shall eliminate the conflicting ownership by beginning honest, good-faith negotiations to divest ownership in one (1) or more risk-based organizations through the purchase or redemption of the ownership interest causing the conflict on commercially reasonable terms on or before January 1, 2023. (B) The commissioner may approve an ownership transition plan that extends beyond January 1, 2023, regarding transferring of funds between the parties to ensure compliance with this subsection. (3) For risk-based provider organizations issued contracts with the Arkansas Medicaid Program on or after July 1, 2021, the commissioner shall not issue a risk-based organization license to any applicant organized in violation of this subsection. Amended by Act 2021, No. 508,§ 1, eff. 7/28/2021. Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

(a) A risk-based provider organization shall: (1) Be authorized to conduct business in the state; (2) Hold a valid certificate of authority issued by the Secretary of State; (3) Have an ownership interest of not less than fifty-one percent (51%) by participating providers; and (4) Include within membership of the risk-based provider organization: (A) An Arkansas licensed or certified direct service provider of developmental disabilities services; (B) An Arkansas licensed or certified direct service provider of behavioral health services; (C) An Arkansas licensed hospital or hospital services organization; (D) An Arkansas licensed physician practice; and (E) A pharmacist who is licensed by the Arkansas State Board of Pharmacy.

(1) Be authorized to conduct business in the state;

(2) Hold a valid certificate of authority issued by the Secretary of State;

(3) Have an ownership interest of not less than fifty-one percent (51%) by participating providers; and

(4) Include within membership of the risk-based provider organization: (A) An Arkansas licensed or certified direct service provider of developmental disabilities services; (B) An Arkansas licensed or certified direct service provider of behavioral health services; (C) An Arkansas licensed hospital or hospital services organization; (D) An Arkansas licensed physician practice; and (E) A pharmacist who is licensed by the Arkansas State Board of Pharmacy.

(A) An Arkansas licensed or certified direct service provider of developmental disabilities services;

(B) An Arkansas licensed or certified direct service provider of behavioral health services;

(C) An Arkansas licensed hospital or hospital services organization;

(D) An Arkansas licensed physician practice; and

(E) A pharmacist who is licensed by the Arkansas State Board of Pharmacy.

(b) A risk-based provider organization that meets the requirements of subsection (a) of this section may include any of the following entities for access to and coordination with direct service providers and to facilitate access to flexible services and other community and support services: (1) A carrier; (2) An administrative entity; (3) A federally qualified health center; (4) A rural health clinic; (5) An associated participant; or (6) Any other type of direct service provider that delivers or is qualified to deliver healthcare services to enrollable Medicaid beneficiary populations.

(1) A carrier;

(2) An administrative entity;

(3) A federally qualified health center;

(4) A rural health clinic;

(5) An associated participant; or

(6) Any other type of direct service provider that delivers or is qualified to deliver healthcare services to enrollable Medicaid beneficiary populations.

(c) A risk-based provider organization may provide healthcare services directly to enrollable Medicaid beneficiary populations or through: (1) A direct service provider that is a participating provider in the risk-based provider organization; (2) A direct service provider subcontracted by the risk-based provider organization; or (3) An independent provider that enters into a provider agreement or business relationship with a direct service provider.

(1) A direct service provider that is a participating provider in the risk-based provider organization;

(2) A direct service provider subcontracted by the risk-based provider organization; or

(3) An independent provider that enters into a provider agreement or business relationship with a direct service provider.

(d) (1) Except as provided in subdivision (d)(2) of this section, reimbursement rates paid by a risk-based provider organization to direct service providers shall: (A) Be determined by mutual agreement of the risk-based provider organization and direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and (B) Assure efficiency, economy, quality, and equal access to enrollable Medicaid beneficiary populations in the same manner as to individuals who are not covered by the Arkansas Medicaid Program. (2) The reimbursement rates established by a risk-based provider organization shall not be subject to any administrative review by the Insurance Commissioner. (3) A risk-based provider organization may contract with the Community Pharmacy Enhanced Services Network to provide enhanced pharmacist services to manage complex patients at a mutually agreed upon rate schedule.

(1) Except as provided in subdivision (d)(2) of this section, reimbursement rates paid by a risk-based provider organization to direct service providers shall: (A) Be determined by mutual agreement of the risk-based provider organization and direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and (B) Assure efficiency, economy, quality, and equal access to enrollable Medicaid beneficiary populations in the same manner as to individuals who are not covered by the Arkansas Medicaid Program.

(A) Be determined by mutual agreement of the risk-based provider organization and direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and

(B) Assure efficiency, economy, quality, and equal access to enrollable Medicaid beneficiary populations in the same manner as to individuals who are not covered by the Arkansas Medicaid Program.

(2) The reimbursement rates established by a risk-based provider organization shall not be subject to any administrative review by the Insurance Commissioner.

(3) A risk-based provider organization may contract with the Community Pharmacy Enhanced Services Network to provide enhanced pharmacist services to manage complex patients at a mutually agreed upon rate schedule.

(e) (1) Except as provided in subdivision (e)(2) of this section, all policies and procedures regarding the provision of healthcare services by a direct service provider shall: (A) Be determined by mutual agreement of the risk-based provider organization and the direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and (B) Assure efficiency, economy, quality, and equal access to the enrollable Medicaid beneficiary population in the same manner as individuals who are not covered by the Arkansas Medicaid Program. (2) A direct service provider that is delivering services to the enrollable Medicaid beneficiary populations shall: (A) Meet any licensing or certification requirements set by law or rule; and (B) Not otherwise be disqualified from participating in the Arkansas Medicaid Program or Medicare.

(1) Except as provided in subdivision (e)(2) of this section, all policies and procedures regarding the provision of healthcare services by a direct service provider shall: (A) Be determined by mutual agreement of the risk-based provider organization and the direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and (B) Assure efficiency, economy, quality, and equal access to the enrollable Medicaid beneficiary population in the same manner as individuals who are not covered by the Arkansas Medicaid Program.

(A) Be determined by mutual agreement of the risk-based provider organization and the direct service provider without regard to Medicaid provider rates established by the Department of Human Services; and

(B) Assure efficiency, economy, quality, and equal access to the enrollable Medicaid beneficiary population in the same manner as individuals who are not covered by the Arkansas Medicaid Program.

(2) A direct service provider that is delivering services to the enrollable Medicaid beneficiary populations shall: (A) Meet any licensing or certification requirements set by law or rule; and (B) Not otherwise be disqualified from participating in the Arkansas Medicaid Program or Medicare.

(A) Meet any licensing or certification requirements set by law or rule; and

(B) Not otherwise be disqualified from participating in the Arkansas Medicaid Program or Medicare.

(f) Upon licensure by the commissioner, a risk-based provider organization shall perform the following functions: (1) Enroll members of enrollable Medicaid beneficiary populations into the risk-based provider organization and remove members of enrollable Medicaid beneficiary populations from the risk-based provider organization; (2) Ensure the following: (A) Protection of beneficiary rights and due process in accordance with federally mandated regulations governing Medicaid managed care organizations; (B) Proper credentialing of direct service providers in accordance with state and federal requirements; (C) Care coordination of members enrolled into the risk-based provider organization; and (D) A consumer advisory council consisting of consumers of developmental disability services and behavioral health services, including substance abuse treatment and services; (3) Process claims or otherwise ensure payment to direct service providers within time frames established under federal regulations for goods and services delivered to the enrollable Medicaid beneficiary populations; (4) Maintain the following: (A) A network of direct service providers sufficient to ensure that all services to recipients are adequately accessible within time and distance requirements defined by the state; and (B) A reserve of six million dollars ($6,000,000) and an additional amount as determined by the commissioner at the initial licensure based upon the risk assumed and the projected liabilities under standards promulgated by rules of the State Insurance Department; (5) Comply with all data collection and reporting requirements established by the commissioner; (6) Provide the following: (A) Financial reports and information to the commissioner as required by the commissioner in rules applicable to risk-based provider organizations; and (B) Practice and clinical support to direct service providers; and (7) Manage the following: (A) (i) Global capitated payments and the attendant financial risks for delivery of services to the enrollable Medicaid beneficiary populations. (ii) The Department of Human Services shall develop actuarially sound capitated rates for a defined scope of services under a risk methodology that may include risk adjustments, reinsurance, and stop-loss funding methods; and (B) (i) Incentive payments received from the Department of Human Services when quality and outcome measures are achieved. (ii) The Department of Human Services shall develop rules, in consultation with direct service providers for individuals with behavioral health needs and individuals with intellectual and development disabilities, establishing criteria for quality incentive payments to encourage and reward delivery of high-quality care and services by a risk-based provider organization.

(1) Enroll members of enrollable Medicaid beneficiary populations into the risk-based provider organization and remove members of enrollable Medicaid beneficiary populations from the risk-based provider organization;

(2) Ensure the following: (A) Protection of beneficiary rights and due process in accordance with federally mandated regulations governing Medicaid managed care organizations; (B) Proper credentialing of direct service providers in accordance with state and federal requirements; (C) Care coordination of members enrolled into the risk-based provider organization; and (D) A consumer advisory council consisting of consumers of developmental disability services and behavioral health services, including substance abuse treatment and services;

(A) Protection of beneficiary rights and due process in accordance with federally mandated regulations governing Medicaid managed care organizations;

(B) Proper credentialing of direct service providers in accordance with state and federal requirements;

(C) Care coordination of members enrolled into the risk-based provider organization; and

(D) A consumer advisory council consisting of consumers of developmental disability services and behavioral health services, including substance abuse treatment and services;

(3) Process claims or otherwise ensure payment to direct service providers within time frames established under federal regulations for goods and services delivered to the enrollable Medicaid beneficiary populations;

(4) Maintain the following: (A) A network of direct service providers sufficient to ensure that all services to recipients are adequately accessible within time and distance requirements defined by the state; and (B) A reserve of six million dollars ($6,000,000) and an additional amount as determined by the commissioner at the initial licensure based upon the risk assumed and the projected liabilities under standards promulgated by rules of the State Insurance Department;

(A) A network of direct service providers sufficient to ensure that all services to recipients are adequately accessible within time and distance requirements defined by the state; and

(B) A reserve of six million dollars ($6,000,000) and an additional amount as determined by the commissioner at the initial licensure based upon the risk assumed and the projected liabilities under standards promulgated by rules of the State Insurance Department;

(5) Comply with all data collection and reporting requirements established by the commissioner;

(6) Provide the following: (A) Financial reports and information to the commissioner as required by the commissioner in rules applicable to risk-based provider organizations; and (B) Practice and clinical support to direct service providers; and

(A) Financial reports and information to the commissioner as required by the commissioner in rules applicable to risk-based provider organizations; and

(B) Practice and clinical support to direct service providers; and

(7) Manage the following: (A) (i) Global capitated payments and the attendant financial risks for delivery of services to the enrollable Medicaid beneficiary populations. (ii) The Department of Human Services shall develop actuarially sound capitated rates for a defined scope of services under a risk methodology that may include risk adjustments, reinsurance, and stop-loss funding methods; and (B) (i) Incentive payments received from the Department of Human Services when quality and outcome measures are achieved. (ii) The Department of Human Services shall develop rules, in consultation with direct service providers for individuals with behavioral health needs and individuals with intellectual and development disabilities, establishing criteria for quality incentive payments to encourage and reward delivery of high-quality care and services by a risk-based provider organization.

(A) (i) Global capitated payments and the attendant financial risks for delivery of services to the enrollable Medicaid beneficiary populations. (ii) The Department of Human Services shall develop actuarially sound capitated rates for a defined scope of services under a risk methodology that may include risk adjustments, reinsurance, and stop-loss funding methods; and

(i) Global capitated payments and the attendant financial risks for delivery of services to the enrollable Medicaid beneficiary populations.

(ii) The Department of Human Services shall develop actuarially sound capitated rates for a defined scope of services under a risk methodology that may include risk adjustments, reinsurance, and stop-loss funding methods; and

(B) (i) Incentive payments received from the Department of Human Services when quality and outcome measures are achieved. (ii) The Department of Human Services shall develop rules, in consultation with direct service providers for individuals with behavioral health needs and individuals with intellectual and development disabilities, establishing criteria for quality incentive payments to encourage and reward delivery of high-quality care and services by a risk-based provider organization.

(i) Incentive payments received from the Department of Human Services when quality and outcome measures are achieved.

(ii) The Department of Human Services shall develop rules, in consultation with direct service providers for individuals with behavioral health needs and individuals with intellectual and development disabilities, establishing criteria for quality incentive payments to encourage and reward delivery of high-quality care and services by a risk-based provider organization.

(g) (1) On and after January 1, 2023, a carrier or participating provider shall not hold, own, or have a beneficial ownership in a related party, holding company, common stock holding, or any similar financial instrument or corporate structure, whether through a subsidiary, parent, or affiliate, with an ownership interest in more than one (1) risk-based provider organization holding a contract with the Arkansas Medicaid Program. (2) (A) For risk-based provider organizations issued contracts with the Arkansas Medicaid Program before July 1, 2021, the carrier or participating provider having beneficial ownership in more than one (1) risk-based provider organization as identified by the commissioner shall eliminate the conflicting ownership by beginning honest, good-faith negotiations to divest ownership in one (1) or more risk-based organizations through the purchase or redemption of the ownership interest causing the conflict on commercially reasonable terms on or before January 1, 2023. (B) The commissioner may approve an ownership transition plan that extends beyond January 1, 2023, regarding transferring of funds between the parties to ensure compliance with this subsection. (3) For risk-based provider organizations issued contracts with the Arkansas Medicaid Program on or after July 1, 2021, the commissioner shall not issue a risk-based organization license to any applicant organized in violation of this subsection.

(1) On and after January 1, 2023, a carrier or participating provider shall not hold, own, or have a beneficial ownership in a related party, holding company, common stock holding, or any similar financial instrument or corporate structure, whether through a subsidiary, parent, or affiliate, with an ownership interest in more than one (1) risk-based provider organization holding a contract with the Arkansas Medicaid Program.

(2) (A) For risk-based provider organizations issued contracts with the Arkansas Medicaid Program before July 1, 2021, the carrier or participating provider having beneficial ownership in more than one (1) risk-based provider organization as identified by the commissioner shall eliminate the conflicting ownership by beginning honest, good-faith negotiations to divest ownership in one (1) or more risk-based organizations through the purchase or redemption of the ownership interest causing the conflict on commercially reasonable terms on or before January 1, 2023. (B) The commissioner may approve an ownership transition plan that extends beyond January 1, 2023, regarding transferring of funds between the parties to ensure compliance with this subsection.

(A) For risk-based provider organizations issued contracts with the Arkansas Medicaid Program before July 1, 2021, the carrier or participating provider having beneficial ownership in more than one (1) risk-based provider organization as identified by the commissioner shall eliminate the conflicting ownership by beginning honest, good-faith negotiations to divest ownership in one (1) or more risk-based organizations through the purchase or redemption of the ownership interest causing the conflict on commercially reasonable terms on or before January 1, 2023.

(B) The commissioner may approve an ownership transition plan that extends beyond January 1, 2023, regarding transferring of funds between the parties to ensure compliance with this subsection.

(3) For risk-based provider organizations issued contracts with the Arkansas Medicaid Program on or after July 1, 2021, the commissioner shall not issue a risk-based organization license to any applicant organized in violation of this subsection.

Amended by Act 2021, No. 508,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.