Ark. Code Ann. § 20-10-1205 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1205
Property and personal affairs of residents
Status: in_force

(a) (1) The admission of a resident to a long-term care facility and his or her presence in the facility shall not confer on the facility or its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor shall the admission or presence confer on any of the aforementioned persons any authority or responsibility for the personal affairs of the resident except that which may be necessary for the safety of the residents and the orderly management of the facility. (2) No licensee, owner, administrator, employee, or representative thereof shall act as guardian, trustee, or conservator for any resident of the facility or any such resident's property unless the person is the resident's spouse or blood relative within the third degree of consanguinity or if so ordered by a court before July 30, 1999. (b) (1) A licensee shall provide for the safekeeping of personal effects, funds, and other property of the resident in the facility. (2) Whenever necessary for the protection of valuables or in order to avoid unreasonable responsibility therefor, the licensee may require that valuables be excluded or removed from the facility and kept at some place not subject to the control of the licensee. (3) A licensee shall keep complete and accurate records of all funds and other effects and property of its residents received by the licensee for safekeeping. (4) Any funds or other property belonging to a resident that are received by a licensee shall be held in trust. Funds held in trust: (A) Shall be kept separate from the funds and property of the facility; (B) Shall be deposited into a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located in the same county in which the facility is located; (C) Shall not be represented as part of the assets of the facility on a financial statement; and (D) Shall be used or otherwise expended only for the account of the resident. (c) (1) The licensee may enter into a self-insurance agreement as specified in rules adopted by the Office of Long-Term Care. (2) Funds contained in the self-insurance pool shall run to any resident suffering financial loss as a result of the violation by the licensee of the provisions of this section. Such funds shall be awarded to any resident in an amount equal to the amount that the resident can establish by affidavit or other adequate evidence was deposited in trust with the licensee and which could not be paid to the resident within thirty (30) days of the resident's request. (3) (A) The office shall promulgate rules with regard to the establishment, organization, and operation of such self-insurance pools. (B) The rules shall include, but shall not be limited to, requirements for monetary reserves to be maintained by the self-insurers to assure their financial solvency. (d) (1) (A) If at any time during the period for which a license is issued, a licensee that has not entered into a self-insurance agreement, as provided in subsection (c) of this section, is requested to provide safekeeping for the personal funds of a resident, the licensee shall notify the office of the request and make application for a surety bond or for participation in a self-insurance agreement within seven (7) days of the request, exclusive of weekends and holidays. (B) Copies of the application, along with written documentation of related correspondence with an insurance agency or group, shall be maintained by the licensee for review by the office and the ombudsman. (2) Moneys or securities received as advance payment for care may not at any time exceed the cost of care for a six-month period. (3) At least annually, the licensee shall furnish the resident and the guardian, trustee, or conservator, if any, for the resident a complete and verified statement of all funds and other property to which this subsection applies, detailing the amounts and items received, together with their sources and disposition. In any event, the licensee shall furnish such a statement annually and upon the discharge or transfer of a resident. (e) (1) (A) (i) In the event of the death of a resident, a licensee within thirty (30) days of the resident's death shall provide an accounting and shall return all refunds and funds held in trust to the resident's personal representative, if one has been appointed at the time that the long-term care facility disburses such funds and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the long-term care facility to the resident. (ii) No licensee, owner, administrator, employee, or representative of a long-term care facility shall be named as a beneficiary to a resident's funds. (iii) A beneficiary designation form shall be completed only by the resident at the time of admission to a long-term care facility and in the presence of two (2) witnesses who shall affix their signatures to the form as witnesses. (B) If the resident has no spouse or a named beneficiary or the person cannot be located, funds due to the resident shall be placed in an interest-bearing account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located within the same county in which the facility is located. The funds shall not be represented as part of the assets of the facility on a financial statement, and the licensee shall maintain the account until such time as the trust funds are disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq. (2) (A) All other property of a deceased resident being held in trust by the licensee shall be returned to the resident's personal representative, if one has been appointed at the time that the facility disburses such property and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the facility to the resident. (B) If the resident has no spouse or a named beneficiary or the person cannot be located, property being held is to be disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq. (f) (1) The trust funds and property of deceased residents shall be kept separately from the funds and the property of the licensee and from the funds and property of the residents of the facility. (2) (A) The long-term care facility needs to maintain only one (1) account in which the trust funds amounting to less than one hundred dollars ($100) of deceased residents are placed. (B) However, it shall be the obligation of the long-term care facility to maintain adequate records to permit compilation of interest due each individual resident's account. (3) Separate accounts shall be maintained with respect to trust funds of deceased residents equal to or in excess of one hundred dollars ($100). (4) Any other property of a deceased resident held in trust by a licensee which is not disbursed in accordance with the Probate Code, § 28-1-101 et seq., shall escheat to the state as provided by law. Acts 1999, No. 1181, § 7; 2001, No. 928, § 1; 2003, No. 1473, § 36.

(a) (1) The admission of a resident to a long-term care facility and his or her presence in the facility shall not confer on the facility or its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor shall the admission or presence confer on any of the aforementioned persons any authority or responsibility for the personal affairs of the resident except that which may be necessary for the safety of the residents and the orderly management of the facility. (2) No licensee, owner, administrator, employee, or representative thereof shall act as guardian, trustee, or conservator for any resident of the facility or any such resident's property unless the person is the resident's spouse or blood relative within the third degree of consanguinity or if so ordered by a court before July 30, 1999.

(1) The admission of a resident to a long-term care facility and his or her presence in the facility shall not confer on the facility or its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor shall the admission or presence confer on any of the aforementioned persons any authority or responsibility for the personal affairs of the resident except that which may be necessary for the safety of the residents and the orderly management of the facility.

(2) No licensee, owner, administrator, employee, or representative thereof shall act as guardian, trustee, or conservator for any resident of the facility or any such resident's property unless the person is the resident's spouse or blood relative within the third degree of consanguinity or if so ordered by a court before July 30, 1999.

(b) (1) A licensee shall provide for the safekeeping of personal effects, funds, and other property of the resident in the facility. (2) Whenever necessary for the protection of valuables or in order to avoid unreasonable responsibility therefor, the licensee may require that valuables be excluded or removed from the facility and kept at some place not subject to the control of the licensee. (3) A licensee shall keep complete and accurate records of all funds and other effects and property of its residents received by the licensee for safekeeping. (4) Any funds or other property belonging to a resident that are received by a licensee shall be held in trust. Funds held in trust: (A) Shall be kept separate from the funds and property of the facility; (B) Shall be deposited into a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located in the same county in which the facility is located; (C) Shall not be represented as part of the assets of the facility on a financial statement; and (D) Shall be used or otherwise expended only for the account of the resident.

(1) A licensee shall provide for the safekeeping of personal effects, funds, and other property of the resident in the facility.

(2) Whenever necessary for the protection of valuables or in order to avoid unreasonable responsibility therefor, the licensee may require that valuables be excluded or removed from the facility and kept at some place not subject to the control of the licensee.

(3) A licensee shall keep complete and accurate records of all funds and other effects and property of its residents received by the licensee for safekeeping.

(4) Any funds or other property belonging to a resident that are received by a licensee shall be held in trust. Funds held in trust: (A) Shall be kept separate from the funds and property of the facility; (B) Shall be deposited into a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located in the same county in which the facility is located; (C) Shall not be represented as part of the assets of the facility on a financial statement; and (D) Shall be used or otherwise expended only for the account of the resident.

(A) Shall be kept separate from the funds and property of the facility;

(B) Shall be deposited into a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located in the same county in which the facility is located;

(C) Shall not be represented as part of the assets of the facility on a financial statement; and

(D) Shall be used or otherwise expended only for the account of the resident.

(c) (1) The licensee may enter into a self-insurance agreement as specified in rules adopted by the Office of Long-Term Care. (2) Funds contained in the self-insurance pool shall run to any resident suffering financial loss as a result of the violation by the licensee of the provisions of this section. Such funds shall be awarded to any resident in an amount equal to the amount that the resident can establish by affidavit or other adequate evidence was deposited in trust with the licensee and which could not be paid to the resident within thirty (30) days of the resident's request. (3) (A) The office shall promulgate rules with regard to the establishment, organization, and operation of such self-insurance pools. (B) The rules shall include, but shall not be limited to, requirements for monetary reserves to be maintained by the self-insurers to assure their financial solvency.

(1) The licensee may enter into a self-insurance agreement as specified in rules adopted by the Office of Long-Term Care.

(2) Funds contained in the self-insurance pool shall run to any resident suffering financial loss as a result of the violation by the licensee of the provisions of this section. Such funds shall be awarded to any resident in an amount equal to the amount that the resident can establish by affidavit or other adequate evidence was deposited in trust with the licensee and which could not be paid to the resident within thirty (30) days of the resident's request.

(3) (A) The office shall promulgate rules with regard to the establishment, organization, and operation of such self-insurance pools. (B) The rules shall include, but shall not be limited to, requirements for monetary reserves to be maintained by the self-insurers to assure their financial solvency.

(A) The office shall promulgate rules with regard to the establishment, organization, and operation of such self-insurance pools.

(B) The rules shall include, but shall not be limited to, requirements for monetary reserves to be maintained by the self-insurers to assure their financial solvency.

(d) (1) (A) If at any time during the period for which a license is issued, a licensee that has not entered into a self-insurance agreement, as provided in subsection (c) of this section, is requested to provide safekeeping for the personal funds of a resident, the licensee shall notify the office of the request and make application for a surety bond or for participation in a self-insurance agreement within seven (7) days of the request, exclusive of weekends and holidays. (B) Copies of the application, along with written documentation of related correspondence with an insurance agency or group, shall be maintained by the licensee for review by the office and the ombudsman. (2) Moneys or securities received as advance payment for care may not at any time exceed the cost of care for a six-month period. (3) At least annually, the licensee shall furnish the resident and the guardian, trustee, or conservator, if any, for the resident a complete and verified statement of all funds and other property to which this subsection applies, detailing the amounts and items received, together with their sources and disposition. In any event, the licensee shall furnish such a statement annually and upon the discharge or transfer of a resident.

(1) (A) If at any time during the period for which a license is issued, a licensee that has not entered into a self-insurance agreement, as provided in subsection (c) of this section, is requested to provide safekeeping for the personal funds of a resident, the licensee shall notify the office of the request and make application for a surety bond or for participation in a self-insurance agreement within seven (7) days of the request, exclusive of weekends and holidays. (B) Copies of the application, along with written documentation of related correspondence with an insurance agency or group, shall be maintained by the licensee for review by the office and the ombudsman.

(A) If at any time during the period for which a license is issued, a licensee that has not entered into a self-insurance agreement, as provided in subsection (c) of this section, is requested to provide safekeeping for the personal funds of a resident, the licensee shall notify the office of the request and make application for a surety bond or for participation in a self-insurance agreement within seven (7) days of the request, exclusive of weekends and holidays.

(B) Copies of the application, along with written documentation of related correspondence with an insurance agency or group, shall be maintained by the licensee for review by the office and the ombudsman.

(2) Moneys or securities received as advance payment for care may not at any time exceed the cost of care for a six-month period.

(3) At least annually, the licensee shall furnish the resident and the guardian, trustee, or conservator, if any, for the resident a complete and verified statement of all funds and other property to which this subsection applies, detailing the amounts and items received, together with their sources and disposition. In any event, the licensee shall furnish such a statement annually and upon the discharge or transfer of a resident.

(e) (1) (A) (i) In the event of the death of a resident, a licensee within thirty (30) days of the resident's death shall provide an accounting and shall return all refunds and funds held in trust to the resident's personal representative, if one has been appointed at the time that the long-term care facility disburses such funds and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the long-term care facility to the resident. (ii) No licensee, owner, administrator, employee, or representative of a long-term care facility shall be named as a beneficiary to a resident's funds. (iii) A beneficiary designation form shall be completed only by the resident at the time of admission to a long-term care facility and in the presence of two (2) witnesses who shall affix their signatures to the form as witnesses. (B) If the resident has no spouse or a named beneficiary or the person cannot be located, funds due to the resident shall be placed in an interest-bearing account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located within the same county in which the facility is located. The funds shall not be represented as part of the assets of the facility on a financial statement, and the licensee shall maintain the account until such time as the trust funds are disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq. (2) (A) All other property of a deceased resident being held in trust by the licensee shall be returned to the resident's personal representative, if one has been appointed at the time that the facility disburses such property and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the facility to the resident. (B) If the resident has no spouse or a named beneficiary or the person cannot be located, property being held is to be disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq.

(1) (A) (i) In the event of the death of a resident, a licensee within thirty (30) days of the resident's death shall provide an accounting and shall return all refunds and funds held in trust to the resident's personal representative, if one has been appointed at the time that the long-term care facility disburses such funds and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the long-term care facility to the resident. (ii) No licensee, owner, administrator, employee, or representative of a long-term care facility shall be named as a beneficiary to a resident's funds. (iii) A beneficiary designation form shall be completed only by the resident at the time of admission to a long-term care facility and in the presence of two (2) witnesses who shall affix their signatures to the form as witnesses. (B) If the resident has no spouse or a named beneficiary or the person cannot be located, funds due to the resident shall be placed in an interest-bearing account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located within the same county in which the facility is located. The funds shall not be represented as part of the assets of the facility on a financial statement, and the licensee shall maintain the account until such time as the trust funds are disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq.

(A) (i) In the event of the death of a resident, a licensee within thirty (30) days of the resident's death shall provide an accounting and shall return all refunds and funds held in trust to the resident's personal representative, if one has been appointed at the time that the long-term care facility disburses such funds and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the long-term care facility to the resident. (ii) No licensee, owner, administrator, employee, or representative of a long-term care facility shall be named as a beneficiary to a resident's funds. (iii) A beneficiary designation form shall be completed only by the resident at the time of admission to a long-term care facility and in the presence of two (2) witnesses who shall affix their signatures to the form as witnesses.

(i) In the event of the death of a resident, a licensee within thirty (30) days of the resident's death shall provide an accounting and shall return all refunds and funds held in trust to the resident's personal representative, if one has been appointed at the time that the long-term care facility disburses such funds and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the long-term care facility to the resident.

(ii) No licensee, owner, administrator, employee, or representative of a long-term care facility shall be named as a beneficiary to a resident's funds.

(iii) A beneficiary designation form shall be completed only by the resident at the time of admission to a long-term care facility and in the presence of two (2) witnesses who shall affix their signatures to the form as witnesses.

(B) If the resident has no spouse or a named beneficiary or the person cannot be located, funds due to the resident shall be placed in an interest-bearing account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located within the same county in which the facility is located. The funds shall not be represented as part of the assets of the facility on a financial statement, and the licensee shall maintain the account until such time as the trust funds are disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq.

(2) (A) All other property of a deceased resident being held in trust by the licensee shall be returned to the resident's personal representative, if one has been appointed at the time that the facility disburses such property and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the facility to the resident. (B) If the resident has no spouse or a named beneficiary or the person cannot be located, property being held is to be disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq.

(A) All other property of a deceased resident being held in trust by the licensee shall be returned to the resident's personal representative, if one has been appointed at the time that the facility disburses such property and, if not, to the resident's spouse or a beneficiary named in a beneficiary designation form provided by the facility to the resident.

(B) If the resident has no spouse or a named beneficiary or the person cannot be located, property being held is to be disbursed pursuant to the provisions of the Probate Code, § 28-1-101 et seq.

(f) (1) The trust funds and property of deceased residents shall be kept separately from the funds and the property of the licensee and from the funds and property of the residents of the facility. (2) (A) The long-term care facility needs to maintain only one (1) account in which the trust funds amounting to less than one hundred dollars ($100) of deceased residents are placed. (B) However, it shall be the obligation of the long-term care facility to maintain adequate records to permit compilation of interest due each individual resident's account. (3) Separate accounts shall be maintained with respect to trust funds of deceased residents equal to or in excess of one hundred dollars ($100). (4) Any other property of a deceased resident held in trust by a licensee which is not disbursed in accordance with the Probate Code, § 28-1-101 et seq., shall escheat to the state as provided by law.

(1) The trust funds and property of deceased residents shall be kept separately from the funds and the property of the licensee and from the funds and property of the residents of the facility.

(2) (A) The long-term care facility needs to maintain only one (1) account in which the trust funds amounting to less than one hundred dollars ($100) of deceased residents are placed. (B) However, it shall be the obligation of the long-term care facility to maintain adequate records to permit compilation of interest due each individual resident's account.

(A) The long-term care facility needs to maintain only one (1) account in which the trust funds amounting to less than one hundred dollars ($100) of deceased residents are placed.

(B) However, it shall be the obligation of the long-term care facility to maintain adequate records to permit compilation of interest due each individual resident's account.

(3) Separate accounts shall be maintained with respect to trust funds of deceased residents equal to or in excess of one hundred dollars ($100).

(4) Any other property of a deceased resident held in trust by a licensee which is not disbursed in accordance with the Probate Code, § 28-1-101 et seq., shall escheat to the state as provided by law.

Acts 1999, No. 1181, § 7; 2001, No. 928, § 1; 2003, No. 1473, § 36.
Ark. Code Ann. § 20-78-504 — AR Code / Title 20 / Chapter 78 / Subchapter 5 / Section 20-78-504
Moneys for Arkansas Child Care Facilities Loan Guarantee Trust Fund
Status: in_force

(a) (1) After providing for the exclusion of the interest income classified as special revenues as authorized by §§ 15-41-110 and 27-70-204 , and for the first two million dollars ($2,000,000) of interest income received each fiscal year by the Treasurer of State as authorized in § 15-5-422 , the next one hundred thousand dollars ($100,000) of interest income received each fiscal year in the State Treasury beginning with the fiscal year commencing July 1, 1989, and continuing as set forth in subsection (b) of this section from the investment of state funds as authorized by the State Treasury Management Law, § 19-3-501 et seq., is declared to constitute cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503 . (2) The cash funds as received by the Treasurer of State shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision. The Treasurer of State shall pay the cash funds to the Division of Child Care and Early Childhood Education of the Department of Human Services for depositing those amounts into the Arkansas Child Care Facilities Loan Guarantee Trust Fund for the purposes authorized by § 20-78-503 . (3) The interest earnings transferred directly to the division are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503 . (b) The Treasurer of State shall continue to pay the cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000). After that time, the division shall review the fund balance at least quarterly and report to the Treasurer of State when the balance reaches or falls below one hundred thousand dollars ($100,000). At that time, the Treasurer of State shall again pay cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000). Acts 1989, No. 202, § 1; 1997, No. 1132, § 27.

(a) (1) After providing for the exclusion of the interest income classified as special revenues as authorized by §§ 15-41-110 and 27-70-204 , and for the first two million dollars ($2,000,000) of interest income received each fiscal year by the Treasurer of State as authorized in § 15-5-422 , the next one hundred thousand dollars ($100,000) of interest income received each fiscal year in the State Treasury beginning with the fiscal year commencing July 1, 1989, and continuing as set forth in subsection (b) of this section from the investment of state funds as authorized by the State Treasury Management Law, § 19-3-501 et seq., is declared to constitute cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503 . (2) The cash funds as received by the Treasurer of State shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision. The Treasurer of State shall pay the cash funds to the Division of Child Care and Early Childhood Education of the Department of Human Services for depositing those amounts into the Arkansas Child Care Facilities Loan Guarantee Trust Fund for the purposes authorized by § 20-78-503 . (3) The interest earnings transferred directly to the division are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503 .

(1) After providing for the exclusion of the interest income classified as special revenues as authorized by §§ 15-41-110 and 27-70-204 , and for the first two million dollars ($2,000,000) of interest income received each fiscal year by the Treasurer of State as authorized in § 15-5-422 , the next one hundred thousand dollars ($100,000) of interest income received each fiscal year in the State Treasury beginning with the fiscal year commencing July 1, 1989, and continuing as set forth in subsection (b) of this section from the investment of state funds as authorized by the State Treasury Management Law, § 19-3-501 et seq., is declared to constitute cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503 .

(2) The cash funds as received by the Treasurer of State shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision. The Treasurer of State shall pay the cash funds to the Division of Child Care and Early Childhood Education of the Department of Human Services for depositing those amounts into the Arkansas Child Care Facilities Loan Guarantee Trust Fund for the purposes authorized by § 20-78-503 .

(3) The interest earnings transferred directly to the division are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in § 20-78-503 .

(b) The Treasurer of State shall continue to pay the cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000). After that time, the division shall review the fund balance at least quarterly and report to the Treasurer of State when the balance reaches or falls below one hundred thousand dollars ($100,000). At that time, the Treasurer of State shall again pay cash funds as authorized in subsection (a) of this section until the balance of the fund reaches three hundred fifty thousand dollars ($350,000).

Acts 1989, No. 202, § 1; 1997, No. 1132, § 27.
Ark. Code Ann. § 20-23-105 — AR Code / Title 20 / Chapter 23 / Subchapter 1 / Section 20-23-105
Disposition of funds
Status: in_force

(a) All money received under this chapter shall be paid to the Treasurer of State, who shall place this money to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties as set out in this chapter and to defray the costs of the maintenance, operation, and improvements required by the department in carrying out the functions, powers, and duties otherwise imposed by law on the department or the Director of the Division of Labor. (b) The director may issue vouchers for salaries and expenses of the Boiler Inspection Division when proper appropriation has been made for the expenditures. Amended by Act 2019, No. 910,§ 5453, eff. 7/1/2019. Acts 1961, No. 494, § 8; A.S.A. 1947, § 81-508; Acts 2001, No. 577, § 6.

(a) All money received under this chapter shall be paid to the Treasurer of State, who shall place this money to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties as set out in this chapter and to defray the costs of the maintenance, operation, and improvements required by the department in carrying out the functions, powers, and duties otherwise imposed by law on the department or the Director of the Division of Labor.

(b) The director may issue vouchers for salaries and expenses of the Boiler Inspection Division when proper appropriation has been made for the expenditures.

Amended by Act 2019, No. 910,§ 5453, eff. 7/1/2019.

Acts 1961, No. 494, § 8; A.S.A. 1947, § 81-508; Acts 2001, No. 577, § 6.
Ark. Code Ann. § 20-27-1604 — AR Code / Title 20 / Chapter 27 / Subchapter 16 / Section 20-27-1604
Remedies and enforcement
Status: in_force

(a) Any act or practice which is a violation of this subchapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (b) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter. (c) Nothing in this section limits the rights or remedies which are otherwise available to any person under any law. Acts 2001, No. 1313, § 4.

(a) Any act or practice which is a violation of this subchapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(b) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter.

(c) Nothing in this section limits the rights or remedies which are otherwise available to any person under any law.

Acts 2001, No. 1313, § 4.
Ark. Code Ann. § 20-17-1302 — AR Code / Title 20 / Chapter 17 / Subchapter 13 / Section 20-17-1302
Findings and purpose
Status: in_force

The General Assembly finds that: (1) Perpetual care cemeteries provide historical and cultural benefits to the citizens of the State of Arkansas; and (2) A grant program should be established to assist a perpetual care cemetery that is insolvent or in financial distress for its care and improvement. Amended by Act 2015, No. 990,§ 1, eff. 7/22/2015. Acts 2009, No. 429, § 3.

The General Assembly finds that:

(1) Perpetual care cemeteries provide historical and cultural benefits to the citizens of the State of Arkansas; and

(2) A grant program should be established to assist a perpetual care cemetery that is insolvent or in financial distress for its care and improvement.

Amended by Act 2015, No. 990,§ 1, eff. 7/22/2015.

Acts 2009, No. 429, § 3.
Ark. Code Ann. § 20-17-1011 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1011
Permit - Amendment
Status: in_force

(a) Whenever it is proposed that a cemetery subject to this subchapter amend its present permit, whether for construction of a structure such as a mausoleum or columbarium, reduction of boundaries of twenty percent (20%) or more, reduction or increase in percentage of gross sales proceeds to be placed in the permanent maintenance fund, or other amendment, then the cemetery company shall file an application for amendment of the permit. (b) The application shall be accompanied by: (1) A fee of four hundred dollars ($400); (2) A statement of each proposed amendment; (3) Statements, documents, and other information necessary to provide justification for the amendment; (4) If the amendment is for construction of a mausoleum, columbarium, or similar structure, the application shall include: (A) Plans and specifications of the structure; (B) A report of the inspection of the plans by the Department of Health; (C) A copy of the sales contracts and conveyance documents proposed to be used; (D) A proposed contribution to the permanent maintenance fund; (E) A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled; (F) The location of the proposed structure; (G) The estimated completion date; (H) Either of the following, when sales proceeds may be received by the cemetery company before completion of construction and payment in full of the structure: (i) An executed escrow agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services with a federally insured financial institution or other financial institution approved by the board that provides among other things that one hundred percent (100%) of the sales proceeds collected before the completion of construction and payment in full of the structure will be placed into escrow; or (ii) (a) An executed copy of the construction agreement for the structure that states the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as stated in the construction agreement. (b) (1) All letters of credit and bonds, and their issuers, shall be approved by the board. (2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement. (3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement. (4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. (5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure; (I) Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and (J) Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and (5) Other information as the board may by rule or order require. (c) The application for the amendment of the permit shall be filed with the board at least twenty (20) calendar days before the meeting at which the board will consider the application. Amended by Act 2021, No. 731,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 731,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 731,§ 4, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 41, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 40, eff. 7/1/2018. Acts 1977, No. 352, § 12; A.S.A. 1947, § 82-426.12; Acts 1997, No. 295, § 6; 2005, No. 2169, § 2; 2009, No. 715, §§ 7, 8.

(a) Whenever it is proposed that a cemetery subject to this subchapter amend its present permit, whether for construction of a structure such as a mausoleum or columbarium, reduction of boundaries of twenty percent (20%) or more, reduction or increase in percentage of gross sales proceeds to be placed in the permanent maintenance fund, or other amendment, then the cemetery company shall file an application for amendment of the permit.

(b) The application shall be accompanied by: (1) A fee of four hundred dollars ($400); (2) A statement of each proposed amendment; (3) Statements, documents, and other information necessary to provide justification for the amendment; (4) If the amendment is for construction of a mausoleum, columbarium, or similar structure, the application shall include: (A) Plans and specifications of the structure; (B) A report of the inspection of the plans by the Department of Health; (C) A copy of the sales contracts and conveyance documents proposed to be used; (D) A proposed contribution to the permanent maintenance fund; (E) A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled; (F) The location of the proposed structure; (G) The estimated completion date; (H) Either of the following, when sales proceeds may be received by the cemetery company before completion of construction and payment in full of the structure: (i) An executed escrow agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services with a federally insured financial institution or other financial institution approved by the board that provides among other things that one hundred percent (100%) of the sales proceeds collected before the completion of construction and payment in full of the structure will be placed into escrow; or (ii) (a) An executed copy of the construction agreement for the structure that states the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as stated in the construction agreement. (b) (1) All letters of credit and bonds, and their issuers, shall be approved by the board. (2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement. (3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement. (4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. (5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure; (I) Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and (J) Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and (5) Other information as the board may by rule or order require.

(1) A fee of four hundred dollars ($400);

(2) A statement of each proposed amendment;

(3) Statements, documents, and other information necessary to provide justification for the amendment;

(4) If the amendment is for construction of a mausoleum, columbarium, or similar structure, the application shall include: (A) Plans and specifications of the structure; (B) A report of the inspection of the plans by the Department of Health; (C) A copy of the sales contracts and conveyance documents proposed to be used; (D) A proposed contribution to the permanent maintenance fund; (E) A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled; (F) The location of the proposed structure; (G) The estimated completion date; (H) Either of the following, when sales proceeds may be received by the cemetery company before completion of construction and payment in full of the structure: (i) An executed escrow agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services with a federally insured financial institution or other financial institution approved by the board that provides among other things that one hundred percent (100%) of the sales proceeds collected before the completion of construction and payment in full of the structure will be placed into escrow; or (ii) (a) An executed copy of the construction agreement for the structure that states the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as stated in the construction agreement. (b) (1) All letters of credit and bonds, and their issuers, shall be approved by the board. (2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement. (3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement. (4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. (5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure; (I) Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and (J) Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and

(A) Plans and specifications of the structure;

(B) A report of the inspection of the plans by the Department of Health;

(C) A copy of the sales contracts and conveyance documents proposed to be used;

(D) A proposed contribution to the permanent maintenance fund;

(E) A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled;

(F) The location of the proposed structure;

(G) The estimated completion date;

(H) Either of the following, when sales proceeds may be received by the cemetery company before completion of construction and payment in full of the structure: (i) An executed escrow agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services with a federally insured financial institution or other financial institution approved by the board that provides among other things that one hundred percent (100%) of the sales proceeds collected before the completion of construction and payment in full of the structure will be placed into escrow; or (ii) (a) An executed copy of the construction agreement for the structure that states the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as stated in the construction agreement. (b) (1) All letters of credit and bonds, and their issuers, shall be approved by the board. (2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement. (3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement. (4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. (5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure;

(i) An executed escrow agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services with a federally insured financial institution or other financial institution approved by the board that provides among other things that one hundred percent (100%) of the sales proceeds collected before the completion of construction and payment in full of the structure will be placed into escrow; or

(ii) (a) An executed copy of the construction agreement for the structure that states the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as stated in the construction agreement. (b) (1) All letters of credit and bonds, and their issuers, shall be approved by the board. (2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement. (3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement. (4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. (5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure;

(a) An executed copy of the construction agreement for the structure that states the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as stated in the construction agreement.

(b) (1) All letters of credit and bonds, and their issuers, shall be approved by the board. (2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement. (3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement. (4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. (5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure;

(1) All letters of credit and bonds, and their issuers, shall be approved by the board.

(2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement.

(3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement.

(4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board.

(5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure;

(I) Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and

(J) Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and

(5) Other information as the board may by rule or order require.

(c) The application for the amendment of the permit shall be filed with the board at least twenty (20) calendar days before the meeting at which the board will consider the application.

Amended by Act 2021, No. 731,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 731,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 731,§ 4, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 41, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 40, eff. 7/1/2018.

Acts 1977, No. 352, § 12; A.S.A. 1947, § 82-426.12; Acts 1997, No. 295, § 6; 2005, No. 2169, § 2; 2009, No. 715, §§ 7, 8.
Ark. Code Ann. § 20-47-205 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-205
Jurisdiction of circuit court
Status: in_force

(a) The circuit courts of this state shall have exclusive jurisdiction of the involuntary admission procedures initiated pursuant to this subchapter. (b) (1) Within seven (7) days of the person's detention, excluding weekends and holidays, the court shall conduct the hearing as defined in § 20-47-214 . (2) Except as otherwise provided in subsection (d) of this section, the hearing, as defined by §§ 20-47-214 and 20-47-215 , shall be conducted by the same court, or by a judge designated on exchange, who heard the original petition and issued the appropriate order. (3) The court shall ensure that the person sought to be involuntarily admitted is afforded all his or her rights as prescribed by this subchapter. (4) The circuit judge, when conducting any hearing set out in this subchapter, may conduct the hearing within any county of the judge's judicial district. (c) The hearings conducted pursuant to §§ 20-47-209 , 20-47-214 , and 20-47-215 may be held at inpatient programs of the state mental health system or a receiving facility or program where the person is detained. (d) A circuit judge of the Sixth Judicial District sitting within the Sixth Judicial District may conduct involuntary commitment hearings prescribed by §§ 20-47-214 and 20-47-215 and initiated in other judicial districts of this state pursuant to §§ 20-47-207 and 20-47-209 provided that the person sought to be committed is detained within the boundaries of the Sixth Judicial District at the time of the hearing held pursuant to §§ 20-47-214 or 20-47-215 . The Sixth Judicial District shall thus assume the mantle of other judicial districts and shall have the authority to enter treatment orders for other judicial districts in the hearings prescribed by §§ 20-47-214 and 20-47-215 . In those cases, no initial petition pursuant to § 20-47-207 shall be filed in the Sixth Judicial District but only in the court of original jurisdiction. Provided, however, if the person was transported to a location within the Sixth Judicial District by order of a court outside the Sixth Judicial District, the court of original jurisdiction may conduct the hearings prescribed by §§ 20-47-214 and 20-47-215 . Acts 1989, No. 861, § 2; 1989 (3rd Ex. Sess.), No. 28, § 4; 1997, No. 1224, § 1; 1999, No. 1245, § 1; 2003, No. 1185, § 257.

(a) The circuit courts of this state shall have exclusive jurisdiction of the involuntary admission procedures initiated pursuant to this subchapter.

(b) (1) Within seven (7) days of the person's detention, excluding weekends and holidays, the court shall conduct the hearing as defined in § 20-47-214 . (2) Except as otherwise provided in subsection (d) of this section, the hearing, as defined by §§ 20-47-214 and 20-47-215 , shall be conducted by the same court, or by a judge designated on exchange, who heard the original petition and issued the appropriate order. (3) The court shall ensure that the person sought to be involuntarily admitted is afforded all his or her rights as prescribed by this subchapter. (4) The circuit judge, when conducting any hearing set out in this subchapter, may conduct the hearing within any county of the judge's judicial district.

(1) Within seven (7) days of the person's detention, excluding weekends and holidays, the court shall conduct the hearing as defined in § 20-47-214 .

(2) Except as otherwise provided in subsection (d) of this section, the hearing, as defined by §§ 20-47-214 and 20-47-215 , shall be conducted by the same court, or by a judge designated on exchange, who heard the original petition and issued the appropriate order.

(3) The court shall ensure that the person sought to be involuntarily admitted is afforded all his or her rights as prescribed by this subchapter.

(4) The circuit judge, when conducting any hearing set out in this subchapter, may conduct the hearing within any county of the judge's judicial district.

(c) The hearings conducted pursuant to §§ 20-47-209 , 20-47-214 , and 20-47-215 may be held at inpatient programs of the state mental health system or a receiving facility or program where the person is detained.

(d) A circuit judge of the Sixth Judicial District sitting within the Sixth Judicial District may conduct involuntary commitment hearings prescribed by §§ 20-47-214 and 20-47-215 and initiated in other judicial districts of this state pursuant to §§ 20-47-207 and 20-47-209 provided that the person sought to be committed is detained within the boundaries of the Sixth Judicial District at the time of the hearing held pursuant to §§ 20-47-214 or 20-47-215 . The Sixth Judicial District shall thus assume the mantle of other judicial districts and shall have the authority to enter treatment orders for other judicial districts in the hearings prescribed by §§ 20-47-214 and 20-47-215 . In those cases, no initial petition pursuant to § 20-47-207 shall be filed in the Sixth Judicial District but only in the court of original jurisdiction. Provided, however, if the person was transported to a location within the Sixth Judicial District by order of a court outside the Sixth Judicial District, the court of original jurisdiction may conduct the hearings prescribed by §§ 20-47-214 and 20-47-215 .

Acts 1989, No. 861, § 2; 1989 (3rd Ex. Sess.), No. 28, § 4; 1997, No. 1224, § 1; 1999, No. 1245, § 1; 2003, No. 1185, § 257.
Ark. Code Ann. § 20-9-1204 — AR Code / Title 20 / Chapter 9 / Subchapter 12 / Section 20-9-1204
Advisory Committee on Healthcare Acquired Infections
Status: in_force

(a) The Secretary of the Department of Health shall appoint an Advisory Committee on Healthcare Acquired Infections, including without limitation representatives of: (1) Public and private hospitals, including representatives of hospitals with fewer than fifty (50) beds and representatives of hospitals with more than fifty (50) beds; (2) Outpatient surgery centers; (3) Direct-care nursing staff; (4) Physicians; (5) Infection-control professionals with expertise in healthcare-associated infections; (6) Academic researchers; and (7) At least one (1) representative of a consumer organization. (b) The committee shall assist the Department of Health in the development of all aspects of the department's methodology for collecting, analyzing, and disclosing the data collected under this subchapter, including without limitation: (1) Collection methods; (2) Formatting; and (3) Methods and means for the release and dissemination of the data. (c) (1) In developing the methodology for collecting and analyzing the infection-rate data, the department and the committee shall consider existing methodologies and systems for data collection. (2) Any data collection and analytical methodologies used shall be: (A) Capable of being validated; and (B) Based upon nationally recognized and recommended standards that may include those developed by the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the United States Agency for Healthcare Research and Quality, or the National Quality Forum. (3) The proposed data collection and analysis methodology shall be disclosed for public comment before any public disclosure of healthcare-associated infection rates in an annual report under § 20-9-1205 . (4) (A) The data collection and analysis methodology shall be presented to all health facilities in this state on or before September 1, 2008. (B) The methodology may be amended based upon input from the health facilities. (5) (A) The first voluntary quarterly report under § 20-9-1203(b) shall be presented to the department on or before January 31, 2009. (B) Health facilities may begin voluntarily reporting data on January 31, 2009, or at any time thereafter. (d) The department and the committee shall evaluate on a regular basis the quality and accuracy of health facility data reported under this subchapter and the data collection, analysis, and dissemination methodologies used under this subchapter. (e) After release of the second annual report published under § 20-9-1205 and upon consultation with the committee and with other technical advisors who are recognized experts in the prevention, identification, and control of healthcare-associated infections and the reporting of performance data, the department may add categories of infections to those set forth in § 20-9-1203(a) in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 910,§ 4977, eff. 7/1/2019. Acts 2007, No. 845, § 1; 2011, No. 634, § 4.

(a) The Secretary of the Department of Health shall appoint an Advisory Committee on Healthcare Acquired Infections, including without limitation representatives of: (1) Public and private hospitals, including representatives of hospitals with fewer than fifty (50) beds and representatives of hospitals with more than fifty (50) beds; (2) Outpatient surgery centers; (3) Direct-care nursing staff; (4) Physicians; (5) Infection-control professionals with expertise in healthcare-associated infections; (6) Academic researchers; and (7) At least one (1) representative of a consumer organization.

(1) Public and private hospitals, including representatives of hospitals with fewer than fifty (50) beds and representatives of hospitals with more than fifty (50) beds;

(2) Outpatient surgery centers;

(3) Direct-care nursing staff;

(4) Physicians;

(5) Infection-control professionals with expertise in healthcare-associated infections;

(6) Academic researchers; and

(7) At least one (1) representative of a consumer organization.

(b) The committee shall assist the Department of Health in the development of all aspects of the department's methodology for collecting, analyzing, and disclosing the data collected under this subchapter, including without limitation: (1) Collection methods; (2) Formatting; and (3) Methods and means for the release and dissemination of the data.

(1) Collection methods;

(2) Formatting; and

(3) Methods and means for the release and dissemination of the data.

(c) (1) In developing the methodology for collecting and analyzing the infection-rate data, the department and the committee shall consider existing methodologies and systems for data collection. (2) Any data collection and analytical methodologies used shall be: (A) Capable of being validated; and (B) Based upon nationally recognized and recommended standards that may include those developed by the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the United States Agency for Healthcare Research and Quality, or the National Quality Forum. (3) The proposed data collection and analysis methodology shall be disclosed for public comment before any public disclosure of healthcare-associated infection rates in an annual report under § 20-9-1205 . (4) (A) The data collection and analysis methodology shall be presented to all health facilities in this state on or before September 1, 2008. (B) The methodology may be amended based upon input from the health facilities. (5) (A) The first voluntary quarterly report under § 20-9-1203(b) shall be presented to the department on or before January 31, 2009. (B) Health facilities may begin voluntarily reporting data on January 31, 2009, or at any time thereafter.

(1) In developing the methodology for collecting and analyzing the infection-rate data, the department and the committee shall consider existing methodologies and systems for data collection.

(2) Any data collection and analytical methodologies used shall be: (A) Capable of being validated; and (B) Based upon nationally recognized and recommended standards that may include those developed by the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the United States Agency for Healthcare Research and Quality, or the National Quality Forum.

(A) Capable of being validated; and

(B) Based upon nationally recognized and recommended standards that may include those developed by the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the United States Agency for Healthcare Research and Quality, or the National Quality Forum.

(3) The proposed data collection and analysis methodology shall be disclosed for public comment before any public disclosure of healthcare-associated infection rates in an annual report under § 20-9-1205 .

(4) (A) The data collection and analysis methodology shall be presented to all health facilities in this state on or before September 1, 2008. (B) The methodology may be amended based upon input from the health facilities.

(A) The data collection and analysis methodology shall be presented to all health facilities in this state on or before September 1, 2008.

(B) The methodology may be amended based upon input from the health facilities.

(5) (A) The first voluntary quarterly report under § 20-9-1203(b) shall be presented to the department on or before January 31, 2009. (B) Health facilities may begin voluntarily reporting data on January 31, 2009, or at any time thereafter.

(A) The first voluntary quarterly report under § 20-9-1203(b) shall be presented to the department on or before January 31, 2009.

(B) Health facilities may begin voluntarily reporting data on January 31, 2009, or at any time thereafter.

(d) The department and the committee shall evaluate on a regular basis the quality and accuracy of health facility data reported under this subchapter and the data collection, analysis, and dissemination methodologies used under this subchapter.

(e) After release of the second annual report published under § 20-9-1205 and upon consultation with the committee and with other technical advisors who are recognized experts in the prevention, identification, and control of healthcare-associated infections and the reporting of performance data, the department may add categories of infections to those set forth in § 20-9-1203(a) in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 910,§ 4977, eff. 7/1/2019.

Acts 2007, No. 845, § 1; 2011, No. 634, § 4.
Ark. Code Ann. § 20-48-210 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-210
Deputy Director of Division of Developmental Disabilities Services
Status: in_force

(a) (1) There is created the office of the Deputy Director of the Division of Developmental Disabilities Services. (2) The deputy director shall: (A) Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Services; (B) Be a person of proven administrative ability and professional qualifications, preferably holding a Ph.D. or equivalent, but including at least a master's degree in psychology, education, social service, or other field of study approved by the board and shall have at least five (5) years' experience in intellectual and developmental disabilities services; (C) Be the Chair of the Board of Developmental Disabilities Services and shall maintain an official set of minutes of all board action; and (D) Be the executive officer of the Division of Developmental Disabilities Services and shall operate and manage the division, subject to the control of the board and in consultation with the secretary. (b) The board may delegate to the deputy director any powers of the board upon such terms and for such duration as the board shall specify. Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5207, eff. 7/1/2019. Acts 1969, No. 265, § 7; A.S.A. 1947, § 59-1007.

(a) (1) There is created the office of the Deputy Director of the Division of Developmental Disabilities Services. (2) The deputy director shall: (A) Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Services; (B) Be a person of proven administrative ability and professional qualifications, preferably holding a Ph.D. or equivalent, but including at least a master's degree in psychology, education, social service, or other field of study approved by the board and shall have at least five (5) years' experience in intellectual and developmental disabilities services; (C) Be the Chair of the Board of Developmental Disabilities Services and shall maintain an official set of minutes of all board action; and (D) Be the executive officer of the Division of Developmental Disabilities Services and shall operate and manage the division, subject to the control of the board and in consultation with the secretary.

(1) There is created the office of the Deputy Director of the Division of Developmental Disabilities Services.

(2) The deputy director shall: (A) Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Services; (B) Be a person of proven administrative ability and professional qualifications, preferably holding a Ph.D. or equivalent, but including at least a master's degree in psychology, education, social service, or other field of study approved by the board and shall have at least five (5) years' experience in intellectual and developmental disabilities services; (C) Be the Chair of the Board of Developmental Disabilities Services and shall maintain an official set of minutes of all board action; and (D) Be the executive officer of the Division of Developmental Disabilities Services and shall operate and manage the division, subject to the control of the board and in consultation with the secretary.

(A) Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Services;

(B) Be a person of proven administrative ability and professional qualifications, preferably holding a Ph.D. or equivalent, but including at least a master's degree in psychology, education, social service, or other field of study approved by the board and shall have at least five (5) years' experience in intellectual and developmental disabilities services;

(C) Be the Chair of the Board of Developmental Disabilities Services and shall maintain an official set of minutes of all board action; and

(D) Be the executive officer of the Division of Developmental Disabilities Services and shall operate and manage the division, subject to the control of the board and in consultation with the secretary.

(b) The board may delegate to the deputy director any powers of the board upon such terms and for such duration as the board shall specify.

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

Amended by Act 2019, No. 910,§ 5207, eff. 7/1/2019.

Acts 1969, No. 265, § 7; A.S.A. 1947, § 59-1007.
Ark. Code Ann. § 20-47-1006 — AR Code / Title 20 / Chapter 47 / Subchapter 10 / Section 20-47-1006
Deaf Services Coordinator - Advisory committee
Status: in_force

(a) In order to provide culturally affirmative mental health services and linguistically appropriate mental health services to clients, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall employ a Deaf Services Coordinator to coordinate and oversee the implementation of these mental health services statewide. (b) The coordinator shall: (1) Be competent and have extensive experience in providing mental health services to clients; (2) Be fluent in American Sign Language and possess a thorough understanding of the deaf community and culture; (3) Have at least three (3) years of experience providing one-on-one services to clients; (4) Possess: (A) A master's degree or higher in a behavioral health or clinical field; and (B) The skill, knowledge, and experience in adapting and developing policies and procedures based on the actual service needs of individuals who are deaf or hard of hearing; and (5) Know and understand applicable state laws and rules and federal laws and regulations. (c) The coordinator shall: (1) Ensure that: (A) Culturally affirmative mental health services and linguistically appropriate mental health services are accessible statewide; and (B) The provision of appropriate consultation, training, and technical assistance is accessible to mental health professionals in various settings, including without limitation inpatient, outpatient, and residential programs; (2) Serve as a professional liaison to other state agencies or boards for the collaboration needed to maximize the use of in-state resources and joint planning; (3) Develop a model for a statewide system of care for culturally affirmative mental health services and linguistically appropriate mental health services for clients that includes without limitation: (A) Standards of care for individuals who are deaf or hard of hearing, including standards for American Sign Language fluency required in providing care in mental health settings; (B) Guidelines to measure the proficiency of a mental health professional in any communication method; and (C) A partnership with the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf; (4) Collaborate with state and private mental health professionals throughout the state to assist and ensure compliance with federal and state laws relating to mental health services for clients; (5) Collect and evaluate clinical and programmatic outcome data from mental health professionals serving individuals who are deaf or hard of hearing; (6) Distribute funds or grants to public and private mental health professionals to achieve optimum service delivery within the system of care; and (7) Provide: (A) Reports as requested by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; and (B) Clinical and administrative case consultation to mental health professionals when appropriate regarding culturally affirmative mental health services and linguistically appropriate mental health services to clients. (d) (1) The coordinator shall establish an advisory committee to make recommendations and provide advice and assistance concerning the implementation of this subchapter. (2) (A) The advisory committee shall consist of ten (10) individuals appointed by the Secretary of the Department of Human Services. (B) The advisory committee shall consist of: (i) Individuals who are deaf or hard of hearing; (ii) Parents or legal guardians of individuals who are deaf or hard of hearing; (iii) Certified mental health professionals; (iv) Interpreters; and (v) Educators who are licensed in this state to teach individuals who are deaf or hard of hearing. (C) At least fifty-one percent (51%) of the advisory committee shall be individuals who are deaf or hard of hearing. (D) The members shall serve a two-year term and may be reappointed. (3) (A) The coordinator shall call the first meeting within thirty (30) days of establishing the advisory committee. (B) The advisory committee shall meet at least quarterly after the first meeting is held. (4) (A) Members of the advisory committee are voluntary and shall not receive compensation, wages, or salary due to membership on the advisory committee. (B) (i) Members of the advisory committee may receive reimbursement for travel and other expenses under § 25-16-902 with the approval of the coordinator. (ii) However, the coordinator shall use technology and other available resources to avoid excessive and unnecessary costs related to member reimbursement. Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.

(a) In order to provide culturally affirmative mental health services and linguistically appropriate mental health services to clients, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall employ a Deaf Services Coordinator to coordinate and oversee the implementation of these mental health services statewide.

(b) The coordinator shall: (1) Be competent and have extensive experience in providing mental health services to clients; (2) Be fluent in American Sign Language and possess a thorough understanding of the deaf community and culture; (3) Have at least three (3) years of experience providing one-on-one services to clients; (4) Possess: (A) A master's degree or higher in a behavioral health or clinical field; and (B) The skill, knowledge, and experience in adapting and developing policies and procedures based on the actual service needs of individuals who are deaf or hard of hearing; and (5) Know and understand applicable state laws and rules and federal laws and regulations.

(1) Be competent and have extensive experience in providing mental health services to clients;

(2) Be fluent in American Sign Language and possess a thorough understanding of the deaf community and culture;

(3) Have at least three (3) years of experience providing one-on-one services to clients;

(4) Possess: (A) A master's degree or higher in a behavioral health or clinical field; and (B) The skill, knowledge, and experience in adapting and developing policies and procedures based on the actual service needs of individuals who are deaf or hard of hearing; and

(A) A master's degree or higher in a behavioral health or clinical field; and

(B) The skill, knowledge, and experience in adapting and developing policies and procedures based on the actual service needs of individuals who are deaf or hard of hearing; and

(5) Know and understand applicable state laws and rules and federal laws and regulations.

(c) The coordinator shall: (1) Ensure that: (A) Culturally affirmative mental health services and linguistically appropriate mental health services are accessible statewide; and (B) The provision of appropriate consultation, training, and technical assistance is accessible to mental health professionals in various settings, including without limitation inpatient, outpatient, and residential programs; (2) Serve as a professional liaison to other state agencies or boards for the collaboration needed to maximize the use of in-state resources and joint planning; (3) Develop a model for a statewide system of care for culturally affirmative mental health services and linguistically appropriate mental health services for clients that includes without limitation: (A) Standards of care for individuals who are deaf or hard of hearing, including standards for American Sign Language fluency required in providing care in mental health settings; (B) Guidelines to measure the proficiency of a mental health professional in any communication method; and (C) A partnership with the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf; (4) Collaborate with state and private mental health professionals throughout the state to assist and ensure compliance with federal and state laws relating to mental health services for clients; (5) Collect and evaluate clinical and programmatic outcome data from mental health professionals serving individuals who are deaf or hard of hearing; (6) Distribute funds or grants to public and private mental health professionals to achieve optimum service delivery within the system of care; and (7) Provide: (A) Reports as requested by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; and (B) Clinical and administrative case consultation to mental health professionals when appropriate regarding culturally affirmative mental health services and linguistically appropriate mental health services to clients.

(1) Ensure that: (A) Culturally affirmative mental health services and linguistically appropriate mental health services are accessible statewide; and (B) The provision of appropriate consultation, training, and technical assistance is accessible to mental health professionals in various settings, including without limitation inpatient, outpatient, and residential programs;

(A) Culturally affirmative mental health services and linguistically appropriate mental health services are accessible statewide; and

(B) The provision of appropriate consultation, training, and technical assistance is accessible to mental health professionals in various settings, including without limitation inpatient, outpatient, and residential programs;

(2) Serve as a professional liaison to other state agencies or boards for the collaboration needed to maximize the use of in-state resources and joint planning;

(3) Develop a model for a statewide system of care for culturally affirmative mental health services and linguistically appropriate mental health services for clients that includes without limitation: (A) Standards of care for individuals who are deaf or hard of hearing, including standards for American Sign Language fluency required in providing care in mental health settings; (B) Guidelines to measure the proficiency of a mental health professional in any communication method; and (C) A partnership with the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf;

(A) Standards of care for individuals who are deaf or hard of hearing, including standards for American Sign Language fluency required in providing care in mental health settings;

(B) Guidelines to measure the proficiency of a mental health professional in any communication method; and

(C) A partnership with the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf;

(4) Collaborate with state and private mental health professionals throughout the state to assist and ensure compliance with federal and state laws relating to mental health services for clients;

(5) Collect and evaluate clinical and programmatic outcome data from mental health professionals serving individuals who are deaf or hard of hearing;

(6) Distribute funds or grants to public and private mental health professionals to achieve optimum service delivery within the system of care; and

(7) Provide: (A) Reports as requested by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; and (B) Clinical and administrative case consultation to mental health professionals when appropriate regarding culturally affirmative mental health services and linguistically appropriate mental health services to clients.

(A) Reports as requested by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; and

(B) Clinical and administrative case consultation to mental health professionals when appropriate regarding culturally affirmative mental health services and linguistically appropriate mental health services to clients.

(d) (1) The coordinator shall establish an advisory committee to make recommendations and provide advice and assistance concerning the implementation of this subchapter. (2) (A) The advisory committee shall consist of ten (10) individuals appointed by the Secretary of the Department of Human Services. (B) The advisory committee shall consist of: (i) Individuals who are deaf or hard of hearing; (ii) Parents or legal guardians of individuals who are deaf or hard of hearing; (iii) Certified mental health professionals; (iv) Interpreters; and (v) Educators who are licensed in this state to teach individuals who are deaf or hard of hearing. (C) At least fifty-one percent (51%) of the advisory committee shall be individuals who are deaf or hard of hearing. (D) The members shall serve a two-year term and may be reappointed. (3) (A) The coordinator shall call the first meeting within thirty (30) days of establishing the advisory committee. (B) The advisory committee shall meet at least quarterly after the first meeting is held. (4) (A) Members of the advisory committee are voluntary and shall not receive compensation, wages, or salary due to membership on the advisory committee. (B) (i) Members of the advisory committee may receive reimbursement for travel and other expenses under § 25-16-902 with the approval of the coordinator. (ii) However, the coordinator shall use technology and other available resources to avoid excessive and unnecessary costs related to member reimbursement.

(1) The coordinator shall establish an advisory committee to make recommendations and provide advice and assistance concerning the implementation of this subchapter.

(2) (A) The advisory committee shall consist of ten (10) individuals appointed by the Secretary of the Department of Human Services. (B) The advisory committee shall consist of: (i) Individuals who are deaf or hard of hearing; (ii) Parents or legal guardians of individuals who are deaf or hard of hearing; (iii) Certified mental health professionals; (iv) Interpreters; and (v) Educators who are licensed in this state to teach individuals who are deaf or hard of hearing. (C) At least fifty-one percent (51%) of the advisory committee shall be individuals who are deaf or hard of hearing. (D) The members shall serve a two-year term and may be reappointed.

(A) The advisory committee shall consist of ten (10) individuals appointed by the Secretary of the Department of Human Services.

(B) The advisory committee shall consist of: (i) Individuals who are deaf or hard of hearing; (ii) Parents or legal guardians of individuals who are deaf or hard of hearing; (iii) Certified mental health professionals; (iv) Interpreters; and (v) Educators who are licensed in this state to teach individuals who are deaf or hard of hearing.

(i) Individuals who are deaf or hard of hearing;

(ii) Parents or legal guardians of individuals who are deaf or hard of hearing;

(iii) Certified mental health professionals;

(iv) Interpreters; and

(v) Educators who are licensed in this state to teach individuals who are deaf or hard of hearing.

(C) At least fifty-one percent (51%) of the advisory committee shall be individuals who are deaf or hard of hearing.

(D) The members shall serve a two-year term and may be reappointed.

(3) (A) The coordinator shall call the first meeting within thirty (30) days of establishing the advisory committee. (B) The advisory committee shall meet at least quarterly after the first meeting is held.

(A) The coordinator shall call the first meeting within thirty (30) days of establishing the advisory committee.

(B) The advisory committee shall meet at least quarterly after the first meeting is held.

(4) (A) Members of the advisory committee are voluntary and shall not receive compensation, wages, or salary due to membership on the advisory committee. (B) (i) Members of the advisory committee may receive reimbursement for travel and other expenses under § 25-16-902 with the approval of the coordinator. (ii) However, the coordinator shall use technology and other available resources to avoid excessive and unnecessary costs related to member reimbursement.

(A) Members of the advisory committee are voluntary and shall not receive compensation, wages, or salary due to membership on the advisory committee.

(B) (i) Members of the advisory committee may receive reimbursement for travel and other expenses under § 25-16-902 with the approval of the coordinator. (ii) However, the coordinator shall use technology and other available resources to avoid excessive and unnecessary costs related to member reimbursement.

(i) Members of the advisory committee may receive reimbursement for travel and other expenses under § 25-16-902 with the approval of the coordinator.

(ii) However, the coordinator shall use technology and other available resources to avoid excessive and unnecessary costs related to member reimbursement.

Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-29-105 — AR Code / Title 20 / Chapter 29 / Section 20-29-105
Complaints - Amount of damages
Status: in_force

(a) All consumer, licensee, installer, retailer, or manufacturer complaints shall be filed with the Arkansas Manufactured Home Commission. The commission shall determine, by hearing or whatever procedure it establishes, whether any standard adopted by the commission has been violated and, if so, the actual cost of repairs to the manufactured home, if any, suffered by the aggrieved party or parties. (b) The amount of damages awarded by the commission shall be limited to the actual cost of repairs to the manufactured home and shall not include attorney's fees. On appeal to the circuit court from an award of the commission, the jurisdiction of the circuit court shall be limited to the actual cost of repairs to the manufactured home. The circuit court shall not have jurisdiction to award attorney's fees, court costs, or punitive or exemplary damages for claims covered by this chapter. (c) The question of what constitutes a continuing series of violations shall be a matter solely within the discretion and judgment of the commission. (d) (1) The commission shall by rule establish procedures for the investigation and timely resolution of claims against the Manufactured Housing Recovery Fund involving participating manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported during the one-year period beginning on the date of installation of the home. (2) The investigations, required corrections, and remedial actions shall be handled in accordance with the code and rules promulgated pursuant to the code. (3) The commission shall by rule establish requirements for eligibility of claims against the fund. Amended by Act 2019, No. 315,§ 2126, eff. 7/24/2019. Acts 1987, No. 346, § 3; 1991, No. 373, § 2; 2001, No. 1263, § 2.

(a) All consumer, licensee, installer, retailer, or manufacturer complaints shall be filed with the Arkansas Manufactured Home Commission. The commission shall determine, by hearing or whatever procedure it establishes, whether any standard adopted by the commission has been violated and, if so, the actual cost of repairs to the manufactured home, if any, suffered by the aggrieved party or parties.

(b) The amount of damages awarded by the commission shall be limited to the actual cost of repairs to the manufactured home and shall not include attorney's fees. On appeal to the circuit court from an award of the commission, the jurisdiction of the circuit court shall be limited to the actual cost of repairs to the manufactured home. The circuit court shall not have jurisdiction to award attorney's fees, court costs, or punitive or exemplary damages for claims covered by this chapter.

(c) The question of what constitutes a continuing series of violations shall be a matter solely within the discretion and judgment of the commission.

(d) (1) The commission shall by rule establish procedures for the investigation and timely resolution of claims against the Manufactured Housing Recovery Fund involving participating manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported during the one-year period beginning on the date of installation of the home. (2) The investigations, required corrections, and remedial actions shall be handled in accordance with the code and rules promulgated pursuant to the code. (3) The commission shall by rule establish requirements for eligibility of claims against the fund.

(1) The commission shall by rule establish procedures for the investigation and timely resolution of claims against the Manufactured Housing Recovery Fund involving participating manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported during the one-year period beginning on the date of installation of the home.

(2) The investigations, required corrections, and remedial actions shall be handled in accordance with the code and rules promulgated pursuant to the code.

(3) The commission shall by rule establish requirements for eligibility of claims against the fund.

Amended by Act 2019, No. 315,§ 2126, eff. 7/24/2019.

Acts 1987, No. 346, § 3; 1991, No. 373, § 2; 2001, No. 1263, § 2.
Ark. Code Ann. § 20-77-402 — AR Code / Title 20 / Chapter 77 / Subchapter 4 / Section 20-77-402
Continuation of program
Status: in_force

(a) The Secretary of the Department of Human Services and the deputy director of the appropriate division of the Department of Human Services are authorized to provide for continued coverage of prescription drugs under the Title XIX Medicaid Program for the State of Arkansas. (b) The secretary and deputy director are authorized to establish necessary program guidelines to control the provision of this service, provided that the guidelines are not in conflict with any federal or state law or regulation. Amended by Act 2019, No. 910,§ 5223, eff. 7/1/2019. Acts 1983, No. 518, § 2; A.S.A. 1947, § 83-174.1.

(a) The Secretary of the Department of Human Services and the deputy director of the appropriate division of the Department of Human Services are authorized to provide for continued coverage of prescription drugs under the Title XIX Medicaid Program for the State of Arkansas.

(b) The secretary and deputy director are authorized to establish necessary program guidelines to control the provision of this service, provided that the guidelines are not in conflict with any federal or state law or regulation.

Amended by Act 2019, No. 910,§ 5223, eff. 7/1/2019.

Acts 1983, No. 518, § 2; A.S.A. 1947, § 83-174.1.
Ark. Code Ann. § 20-64-910 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-910
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 72, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 107, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 44, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 44, eff. 5/23/2016. Amended by Act 2013, No. 1107,§ 38, eff. 8/16/2013. Acts 2003, No. 1457, § 1; 2005, No. 64, § 1; 2007, No. 688, § 1; 2009, No. 471, § 1.

Repealed by Act 2019, No. 389,§ 72, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 107, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 44, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 44, eff. 5/23/2016.

Amended by Act 2013, No. 1107,§ 38, eff. 8/16/2013.

Acts 2003, No. 1457, § 1; 2005, No. 64, § 1; 2007, No. 688, § 1; 2009, No. 471, § 1.
Ark. Code Ann. § 20-15-1303 — AR Code / Title 20 / Chapter 15 / Subchapter 13 / Section 20-15-1303
Breast Cancer Research Program - Funding
Status: in_force

There is established in the University of Arkansas a Breast Cancer Research Program. This program shall support research efforts into the cause, cure, treatment, earlier detection, and prevention of breast cancer and shall be administered according to the following principles: (1) The program shall fund innovative research and the dissemination of successful research findings, with special emphasis on research that complements, rather than duplicates, the research funded by the United States Government and other entities; (2) (A) All research grants shall be awarded on the basis of the research priorities established for the program and the scientific merit of the proposed research as determined by a peer review process governed by the Oversight Committee on Breast Cancer Research. (B) The committee shall consist of seven (7) members appointed by the Governor, as follows: (i) One (1) shall be appointed to represent the Arkansas Medical Society, Inc.; (ii) One (1) shall represent the Arkansas Hospital Association, Inc.; (iii) One (1) shall represent the medical oncology community; (iv) One (1) shall be a women's health advocate; and (v) Three (3) shall represent the University of Arkansas system. (C) Each of the four (4) congressional districts shall be represented by at least one (1) member. (D) The members shall serve for a period of four (4) years; (3) The peer review process for the selection of research grants awarded under this program shall be generally modeled on that used by the National Institutes of Health in its grant-making process, and the peer review process may stipulate that an applicant shall have participated in an established grant process before applying for a grant under this subchapter; (4) An awardee shall be awarded grants for the full or partial cost of conducting the sponsored research grants and contracts; and (5) All intellectual property assets developed under this program shall be treated in accordance with state and federal law. Acts 1997, No. 434, § 3.

There is established in the University of Arkansas a Breast Cancer Research Program. This program shall support research efforts into the cause, cure, treatment, earlier detection, and prevention of breast cancer and shall be administered according to the following principles:

(1) The program shall fund innovative research and the dissemination of successful research findings, with special emphasis on research that complements, rather than duplicates, the research funded by the United States Government and other entities;

(2) (A) All research grants shall be awarded on the basis of the research priorities established for the program and the scientific merit of the proposed research as determined by a peer review process governed by the Oversight Committee on Breast Cancer Research. (B) The committee shall consist of seven (7) members appointed by the Governor, as follows: (i) One (1) shall be appointed to represent the Arkansas Medical Society, Inc.; (ii) One (1) shall represent the Arkansas Hospital Association, Inc.; (iii) One (1) shall represent the medical oncology community; (iv) One (1) shall be a women's health advocate; and (v) Three (3) shall represent the University of Arkansas system. (C) Each of the four (4) congressional districts shall be represented by at least one (1) member. (D) The members shall serve for a period of four (4) years;

(A) All research grants shall be awarded on the basis of the research priorities established for the program and the scientific merit of the proposed research as determined by a peer review process governed by the Oversight Committee on Breast Cancer Research.

(B) The committee shall consist of seven (7) members appointed by the Governor, as follows: (i) One (1) shall be appointed to represent the Arkansas Medical Society, Inc.; (ii) One (1) shall represent the Arkansas Hospital Association, Inc.; (iii) One (1) shall represent the medical oncology community; (iv) One (1) shall be a women's health advocate; and (v) Three (3) shall represent the University of Arkansas system.

(i) One (1) shall be appointed to represent the Arkansas Medical Society, Inc.;

(ii) One (1) shall represent the Arkansas Hospital Association, Inc.;

(iii) One (1) shall represent the medical oncology community;

(iv) One (1) shall be a women's health advocate; and

(v) Three (3) shall represent the University of Arkansas system.

(C) Each of the four (4) congressional districts shall be represented by at least one (1) member.

(D) The members shall serve for a period of four (4) years;

(3) The peer review process for the selection of research grants awarded under this program shall be generally modeled on that used by the National Institutes of Health in its grant-making process, and the peer review process may stipulate that an applicant shall have participated in an established grant process before applying for a grant under this subchapter;

(4) An awardee shall be awarded grants for the full or partial cost of conducting the sponsored research grants and contracts; and

(5) All intellectual property assets developed under this program shall be treated in accordance with state and federal law.

Acts 1997, No. 434, § 3.
Ark. Code Ann. § 20-7-130 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-130
Recovery of expenditures for extraordinary operations
Status: in_force

(a) The purpose of this section is to more equitably allocate the costs between the state and responsible parties when unforeseen circumstances arise as a result of accidents and other man-made causes which require assistance from the Department of Health. The authority to recover these expenses would enable the department to replace funds budgeted for routine activities which were spent for a department response to nonroutine, unplanned circumstances creating the potential for adverse health effects such as transportation accidents involving food and drugs, environmental contamination, and food product contamination. (b) (1) The State Board of Health may promulgate rules necessary to carry out the intent and purpose of this section. (2) In adopting these rules, the board shall define the circumstances under which recovery should be pursued and the method to determine the amount of each recovery, which shall be based on costs. (c) The department may recover from the responsible party or parties actual costs incurred in participation during extraordinary, time-consuming operations such as damage assessment, sampling, monitoring, health studies, and product evaluations which arise from unforeseen circumstances. (d) All moneys levied and collected under this section are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (e) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the recovery of expenditures program that pertain to moneys collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 1814, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1813, eff. 7/24/2019. Acts 1989, No. 384, §§ 1, 2.

(a) The purpose of this section is to more equitably allocate the costs between the state and responsible parties when unforeseen circumstances arise as a result of accidents and other man-made causes which require assistance from the Department of Health. The authority to recover these expenses would enable the department to replace funds budgeted for routine activities which were spent for a department response to nonroutine, unplanned circumstances creating the potential for adverse health effects such as transportation accidents involving food and drugs, environmental contamination, and food product contamination.

(b) (1) The State Board of Health may promulgate rules necessary to carry out the intent and purpose of this section. (2) In adopting these rules, the board shall define the circumstances under which recovery should be pursued and the method to determine the amount of each recovery, which shall be based on costs.

(1) The State Board of Health may promulgate rules necessary to carry out the intent and purpose of this section.

(2) In adopting these rules, the board shall define the circumstances under which recovery should be pursued and the method to determine the amount of each recovery, which shall be based on costs.

(c) The department may recover from the responsible party or parties actual costs incurred in participation during extraordinary, time-consuming operations such as damage assessment, sampling, monitoring, health studies, and product evaluations which arise from unforeseen circumstances.

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

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

Amended by Act 2019, No. 315,§ 1814, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1813, eff. 7/24/2019.

Acts 1989, No. 384, §§ 1, 2.
Ark. Code Ann. § 20-9-306 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-306
Annual reports - Public-supported hospitals
Status: in_force

(a) All public-supported hospitals in the State of Arkansas shall publish an annual report including financial statements showing profits, expenditures, and operating costs. (b) Every such hospital shall publish its annual report in a newspaper of general circulation within the county where it is located. Acts 1975 (Extended Sess., 1976), No. 1231, §§ 1, 2; A.S.A. 1947, §§ 82-365, 82-366; reen. Acts 1987, No. 1016, §§ 1, 2.

(a) All public-supported hospitals in the State of Arkansas shall publish an annual report including financial statements showing profits, expenditures, and operating costs.

(b) Every such hospital shall publish its annual report in a newspaper of general circulation within the county where it is located.

Acts 1975 (Extended Sess., 1976), No. 1231, §§ 1, 2; A.S.A. 1947, §§ 82-365, 82-366; reen. Acts 1987, No. 1016, §§ 1, 2.
Ark. Code Ann. § 20-77-121 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-121
Adverse decisions - Notice - Rights - Definitions
Status: in_force

(a) As used in this section: (1) "Adverse action" means the denial, termination, suspension, or reduction of Medicaid eligibility or covered services; and (2) "Beneficiary" means: (A) A person who has applied for medical assistance under the Arkansas Medicaid Program; or (B) A person who is a recipient of medical assistance under the Arkansas Medicaid Program. (b) If an application or claim for medical assistance is denied, in whole or in part, or is not acted upon with reasonable promptness, the Department of Human Services shall provide written notice: (1) Of the beneficiary's right and opportunity for a fair hearing under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) Of the method by which the beneficiary may obtain a fair hearing; and (3) That the beneficiary may: (A) Represent himself or herself; or (B) Be represented by: (i) Legal counsel; (ii) A friend; or (iii) Any other spokesperson except a corporation. (c) A notice required under subsection (b) of this section shall include, but not be limited to: (1) A statement detailing: (A) The type and amount of medical assistance that the beneficiary has requested; and (B) The adverse action that the department has taken or proposes to take; and (2) A statement of the reasons for the adverse action that shall include, but not be limited to: (A) The specific facts regarding the individual beneficiary that support the action; and (B) The sources from which the facts were derived. (d) If the adverse action that the department has taken or proposes to take is based on a determination of medical necessity or other clinical decision, the notice required under subsection (b) of this section shall: (1) (A) Include all of the following: (i) Specification of the medical records upon which the physician or clinician relied in making the determination; and (ii) Specification of any portion of the criteria for medical necessity or coverage that is not met by the beneficiary. (B) Generic rationales or explanations shall not suffice to meet the requirements of subdivision (d)(1)(A) of this section; (2) (A) Include a statement of: (i) The specific rules or regulations that support the adverse action; or (ii) The change in federal or state law, if any, since the application was filed, that requires the adverse action. (B) The information required under subdivision (d)(2)(A) of this section shall include a brief statement of the reasons for the adverse action based on the individual beneficiary's circumstances. (C) The department and others acting on behalf of the department may not cite or rely on policies that are inconsistent with federal or state laws, rules, and regulations or that were not properly promulgated; and (3) Include an explanation of: (A) The beneficiary's right to request a fair hearing, if available; or (B) In cases of an adverse action based on a change in law: (i) The circumstances under which a fair hearing will be granted; and (ii) An explanation of the circumstances under which medical assistance is provided or continued if a fair hearing is requested. (e) (1) If a beneficiary appeals an adverse action under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the reviewing authority shall consider only those adverse actions that were included in the written notice to the beneficiary as required under subsections (c) and (d) of this section. (2) All determinations of the medical necessity of any request for medical assistance shall be based on the individual needs of the beneficiary and his or her medical history. (f) If the department receives an appeal from a beneficiary regarding an adverse action, the department shall provide the beneficiary all records or documents pertaining to the department's decision or the department's contractor's decision to take the adverse action. (g) If the adverse action is based upon a determination that the requested medical assistance is, or was, not medically necessary, the records and documents required to be provided under this section shall include all relevant material produced by the department or a contractor of the department that contains relevant information concerning the medical necessity determination. Amended by Act 2019, No. 315,§ 2265, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2264, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 75, eff. 7/24/2019. Acts 2005, No. 2227, § 1.

(a) As used in this section: (1) "Adverse action" means the denial, termination, suspension, or reduction of Medicaid eligibility or covered services; and (2) "Beneficiary" means: (A) A person who has applied for medical assistance under the Arkansas Medicaid Program; or (B) A person who is a recipient of medical assistance under the Arkansas Medicaid Program.

(1) "Adverse action" means the denial, termination, suspension, or reduction of Medicaid eligibility or covered services; and

(2) "Beneficiary" means: (A) A person who has applied for medical assistance under the Arkansas Medicaid Program; or (B) A person who is a recipient of medical assistance under the Arkansas Medicaid Program.

(A) A person who has applied for medical assistance under the Arkansas Medicaid Program; or

(B) A person who is a recipient of medical assistance under the Arkansas Medicaid Program.

(b) If an application or claim for medical assistance is denied, in whole or in part, or is not acted upon with reasonable promptness, the Department of Human Services shall provide written notice: (1) Of the beneficiary's right and opportunity for a fair hearing under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) Of the method by which the beneficiary may obtain a fair hearing; and (3) That the beneficiary may: (A) Represent himself or herself; or (B) Be represented by: (i) Legal counsel; (ii) A friend; or (iii) Any other spokesperson except a corporation.

(1) Of the beneficiary's right and opportunity for a fair hearing under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(2) Of the method by which the beneficiary may obtain a fair hearing; and

(3) That the beneficiary may: (A) Represent himself or herself; or (B) Be represented by: (i) Legal counsel; (ii) A friend; or (iii) Any other spokesperson except a corporation.

(A) Represent himself or herself; or

(B) Be represented by: (i) Legal counsel; (ii) A friend; or (iii) Any other spokesperson except a corporation.

(i) Legal counsel;

(ii) A friend; or

(iii) Any other spokesperson except a corporation.

(c) A notice required under subsection (b) of this section shall include, but not be limited to: (1) A statement detailing: (A) The type and amount of medical assistance that the beneficiary has requested; and (B) The adverse action that the department has taken or proposes to take; and (2) A statement of the reasons for the adverse action that shall include, but not be limited to: (A) The specific facts regarding the individual beneficiary that support the action; and (B) The sources from which the facts were derived.

(1) A statement detailing: (A) The type and amount of medical assistance that the beneficiary has requested; and (B) The adverse action that the department has taken or proposes to take; and

(A) The type and amount of medical assistance that the beneficiary has requested; and

(B) The adverse action that the department has taken or proposes to take; and

(2) A statement of the reasons for the adverse action that shall include, but not be limited to: (A) The specific facts regarding the individual beneficiary that support the action; and (B) The sources from which the facts were derived.

(A) The specific facts regarding the individual beneficiary that support the action; and

(B) The sources from which the facts were derived.

(d) If the adverse action that the department has taken or proposes to take is based on a determination of medical necessity or other clinical decision, the notice required under subsection (b) of this section shall: (1) (A) Include all of the following: (i) Specification of the medical records upon which the physician or clinician relied in making the determination; and (ii) Specification of any portion of the criteria for medical necessity or coverage that is not met by the beneficiary. (B) Generic rationales or explanations shall not suffice to meet the requirements of subdivision (d)(1)(A) of this section; (2) (A) Include a statement of: (i) The specific rules or regulations that support the adverse action; or (ii) The change in federal or state law, if any, since the application was filed, that requires the adverse action. (B) The information required under subdivision (d)(2)(A) of this section shall include a brief statement of the reasons for the adverse action based on the individual beneficiary's circumstances. (C) The department and others acting on behalf of the department may not cite or rely on policies that are inconsistent with federal or state laws, rules, and regulations or that were not properly promulgated; and (3) Include an explanation of: (A) The beneficiary's right to request a fair hearing, if available; or (B) In cases of an adverse action based on a change in law: (i) The circumstances under which a fair hearing will be granted; and (ii) An explanation of the circumstances under which medical assistance is provided or continued if a fair hearing is requested.

(1) (A) Include all of the following: (i) Specification of the medical records upon which the physician or clinician relied in making the determination; and (ii) Specification of any portion of the criteria for medical necessity or coverage that is not met by the beneficiary. (B) Generic rationales or explanations shall not suffice to meet the requirements of subdivision (d)(1)(A) of this section;

(A) Include all of the following: (i) Specification of the medical records upon which the physician or clinician relied in making the determination; and (ii) Specification of any portion of the criteria for medical necessity or coverage that is not met by the beneficiary.

(i) Specification of the medical records upon which the physician or clinician relied in making the determination; and

(ii) Specification of any portion of the criteria for medical necessity or coverage that is not met by the beneficiary.

(B) Generic rationales or explanations shall not suffice to meet the requirements of subdivision (d)(1)(A) of this section;

(2) (A) Include a statement of: (i) The specific rules or regulations that support the adverse action; or (ii) The change in federal or state law, if any, since the application was filed, that requires the adverse action. (B) The information required under subdivision (d)(2)(A) of this section shall include a brief statement of the reasons for the adverse action based on the individual beneficiary's circumstances. (C) The department and others acting on behalf of the department may not cite or rely on policies that are inconsistent with federal or state laws, rules, and regulations or that were not properly promulgated; and

(A) Include a statement of: (i) The specific rules or regulations that support the adverse action; or (ii) The change in federal or state law, if any, since the application was filed, that requires the adverse action.

(i) The specific rules or regulations that support the adverse action; or

(ii) The change in federal or state law, if any, since the application was filed, that requires the adverse action.

(B) The information required under subdivision (d)(2)(A) of this section shall include a brief statement of the reasons for the adverse action based on the individual beneficiary's circumstances.

(C) The department and others acting on behalf of the department may not cite or rely on policies that are inconsistent with federal or state laws, rules, and regulations or that were not properly promulgated; and

(3) Include an explanation of: (A) The beneficiary's right to request a fair hearing, if available; or (B) In cases of an adverse action based on a change in law: (i) The circumstances under which a fair hearing will be granted; and (ii) An explanation of the circumstances under which medical assistance is provided or continued if a fair hearing is requested.

(A) The beneficiary's right to request a fair hearing, if available; or

(B) In cases of an adverse action based on a change in law: (i) The circumstances under which a fair hearing will be granted; and (ii) An explanation of the circumstances under which medical assistance is provided or continued if a fair hearing is requested.

(i) The circumstances under which a fair hearing will be granted; and

(ii) An explanation of the circumstances under which medical assistance is provided or continued if a fair hearing is requested.

(e) (1) If a beneficiary appeals an adverse action under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the reviewing authority shall consider only those adverse actions that were included in the written notice to the beneficiary as required under subsections (c) and (d) of this section. (2) All determinations of the medical necessity of any request for medical assistance shall be based on the individual needs of the beneficiary and his or her medical history.

(1) If a beneficiary appeals an adverse action under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the reviewing authority shall consider only those adverse actions that were included in the written notice to the beneficiary as required under subsections (c) and (d) of this section.

(2) All determinations of the medical necessity of any request for medical assistance shall be based on the individual needs of the beneficiary and his or her medical history.

(f) If the department receives an appeal from a beneficiary regarding an adverse action, the department shall provide the beneficiary all records or documents pertaining to the department's decision or the department's contractor's decision to take the adverse action.

(g) If the adverse action is based upon a determination that the requested medical assistance is, or was, not medically necessary, the records and documents required to be provided under this section shall include all relevant material produced by the department or a contractor of the department that contains relevant information concerning the medical necessity determination.

Amended by Act 2019, No. 315,§ 2265, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2264, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 75, eff. 7/24/2019.

Acts 2005, No. 2227, § 1.
Ark. Code Ann. § 20-27-2104 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2104
Test method and performance standard - Definition
Status: in_force

(a) Except as provided in subsection (h) of this section, cigarettes shall not be offered for sale in this state or offered for sale or sold to persons located in this state unless: (1) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section; (2) A written certification has been filed by the manufacturer with the Director of Arkansas Tobacco Control under § 20-27-2105 ; and (3) The cigarettes have been marked in accordance with § 20-27-2106 . (b) (1) Testing of cigarettes shall be conducted in accordance with the ASTM International standard E2187-04: Standard Test Method for Measuring the Ignition Strength of Cigarettes. (2) Testing shall be conducted on ten (10) layers of filter paper. (3) (A) No more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section shall exhibit full-length burns. (B) Forty (40) replicate tests shall compose a complete test trial for each cigarette tested. (4) The performance standard required by this section shall be applied only to a complete test trial. (5) Written certifications shall be based on testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the director. (6) (A) Laboratories conducting testing under this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. (B) The repeatability value shall be no greater than nineteen hundredths (0.19). (7) This section does not require additional testing if cigarettes are tested consistent with this subchapter for any other purposes. (8) Testing performed or sponsored by the director to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section. (c) (1) Each cigarette listed in a certification submitted under § 20-27-2105 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard under this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. (2) At least one (1) complete band shall be located at least fifteen millimeters (15 mm) from the lighting end of the cigarette. (3) For cigarettes on which the bands are positioned by design there shall be at least two (2) bands fully located at least fifteen millimeters (15 mm) from the lighting end and ten millimeters (10 mm) from the filter end of the tobacco column or ten millimeters (10 mm) from the labeled end of the tobacco column for nonfiltered cigarettes. (d) (1) A manufacturer of a cigarette that the director determines cannot be tested by the test method under subdivision (b)(1) of this section shall propose a test method and performance standard for the cigarette to the director. (2) Upon approval of the proposed test method and determination by the director that the performance standard proposed by the manufacturer is equivalent to the performance standard under subdivision (b)(3) of this section, the manufacturer may employ the test method and performance standard to certify the cigarette under § 20-27-2105 . (3) Unless the director demonstrates a reasonable basis why a proposed alternative test should not be accepted under this subchapter, the director shall authorize a manufacturer to employ an alternative test method and performance standard to certify a cigarette for sale in this state if the director: (A) Determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this subchapter; and (B) Finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or rules under a legal provision comparable to this section. (4) All other applicable requirements of this section shall apply to the manufacturer. (e) (1) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years and shall make copies of these reports available to the director and the Attorney General upon written request. (2) A manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixtieth day that the manufacturer does not make the copies available. (f) The director may adopt a subsequent ASTM International Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by a tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM International standard E2187-04 and the performance standard in subdivision (b)(3) of this section. (g) (1) The director shall review the effectiveness of this section and report every three (3) years his or her findings and recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate for legislation to improve the effectiveness of this subchapter. (2) The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period. (h) The requirement of subsections (a) and (b) of this section shall not prohibit: (1) A wholesaler or retailer from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesaler or retailer can establish that the inventory was in its possession before January 1, 2010, and the wholesaler or retailer can establish that the inventory was purchased before January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or (2) (A) The sale of cigarettes solely for the purpose of consumer testing. (B) For purposes of this subsection, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for assessment. Amended by Act 2019, No. 315,§ 2124, eff. 7/24/2019. Acts 2009, No. 697, § 2; 2011, No. 1121, § 9.

(a) Except as provided in subsection (h) of this section, cigarettes shall not be offered for sale in this state or offered for sale or sold to persons located in this state unless: (1) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section; (2) A written certification has been filed by the manufacturer with the Director of Arkansas Tobacco Control under § 20-27-2105 ; and (3) The cigarettes have been marked in accordance with § 20-27-2106 .

(1) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section;

(2) A written certification has been filed by the manufacturer with the Director of Arkansas Tobacco Control under § 20-27-2105 ; and

(3) The cigarettes have been marked in accordance with § 20-27-2106 .

(b) (1) Testing of cigarettes shall be conducted in accordance with the ASTM International standard E2187-04: Standard Test Method for Measuring the Ignition Strength of Cigarettes. (2) Testing shall be conducted on ten (10) layers of filter paper. (3) (A) No more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section shall exhibit full-length burns. (B) Forty (40) replicate tests shall compose a complete test trial for each cigarette tested. (4) The performance standard required by this section shall be applied only to a complete test trial. (5) Written certifications shall be based on testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the director. (6) (A) Laboratories conducting testing under this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. (B) The repeatability value shall be no greater than nineteen hundredths (0.19). (7) This section does not require additional testing if cigarettes are tested consistent with this subchapter for any other purposes. (8) Testing performed or sponsored by the director to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section.

(1) Testing of cigarettes shall be conducted in accordance with the ASTM International standard E2187-04: Standard Test Method for Measuring the Ignition Strength of Cigarettes.

(2) Testing shall be conducted on ten (10) layers of filter paper.

(3) (A) No more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section shall exhibit full-length burns. (B) Forty (40) replicate tests shall compose a complete test trial for each cigarette tested.

(A) No more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section shall exhibit full-length burns.

(B) Forty (40) replicate tests shall compose a complete test trial for each cigarette tested.

(4) The performance standard required by this section shall be applied only to a complete test trial.

(5) Written certifications shall be based on testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the director.

(6) (A) Laboratories conducting testing under this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. (B) The repeatability value shall be no greater than nineteen hundredths (0.19).

(A) Laboratories conducting testing under this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results.

(B) The repeatability value shall be no greater than nineteen hundredths (0.19).

(7) This section does not require additional testing if cigarettes are tested consistent with this subchapter for any other purposes.

(8) Testing performed or sponsored by the director to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section.

(c) (1) Each cigarette listed in a certification submitted under § 20-27-2105 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard under this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. (2) At least one (1) complete band shall be located at least fifteen millimeters (15 mm) from the lighting end of the cigarette. (3) For cigarettes on which the bands are positioned by design there shall be at least two (2) bands fully located at least fifteen millimeters (15 mm) from the lighting end and ten millimeters (10 mm) from the filter end of the tobacco column or ten millimeters (10 mm) from the labeled end of the tobacco column for nonfiltered cigarettes.

(1) Each cigarette listed in a certification submitted under § 20-27-2105 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard under this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column.

(2) At least one (1) complete band shall be located at least fifteen millimeters (15 mm) from the lighting end of the cigarette.

(3) For cigarettes on which the bands are positioned by design there shall be at least two (2) bands fully located at least fifteen millimeters (15 mm) from the lighting end and ten millimeters (10 mm) from the filter end of the tobacco column or ten millimeters (10 mm) from the labeled end of the tobacco column for nonfiltered cigarettes.

(d) (1) A manufacturer of a cigarette that the director determines cannot be tested by the test method under subdivision (b)(1) of this section shall propose a test method and performance standard for the cigarette to the director. (2) Upon approval of the proposed test method and determination by the director that the performance standard proposed by the manufacturer is equivalent to the performance standard under subdivision (b)(3) of this section, the manufacturer may employ the test method and performance standard to certify the cigarette under § 20-27-2105 . (3) Unless the director demonstrates a reasonable basis why a proposed alternative test should not be accepted under this subchapter, the director shall authorize a manufacturer to employ an alternative test method and performance standard to certify a cigarette for sale in this state if the director: (A) Determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this subchapter; and (B) Finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or rules under a legal provision comparable to this section. (4) All other applicable requirements of this section shall apply to the manufacturer.

(1) A manufacturer of a cigarette that the director determines cannot be tested by the test method under subdivision (b)(1) of this section shall propose a test method and performance standard for the cigarette to the director.

(2) Upon approval of the proposed test method and determination by the director that the performance standard proposed by the manufacturer is equivalent to the performance standard under subdivision (b)(3) of this section, the manufacturer may employ the test method and performance standard to certify the cigarette under § 20-27-2105 .

(3) Unless the director demonstrates a reasonable basis why a proposed alternative test should not be accepted under this subchapter, the director shall authorize a manufacturer to employ an alternative test method and performance standard to certify a cigarette for sale in this state if the director: (A) Determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this subchapter; and (B) Finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or rules under a legal provision comparable to this section.

(A) Determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this subchapter; and

(B) Finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or rules under a legal provision comparable to this section.

(4) All other applicable requirements of this section shall apply to the manufacturer.

(e) (1) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years and shall make copies of these reports available to the director and the Attorney General upon written request. (2) A manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixtieth day that the manufacturer does not make the copies available.

(1) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years and shall make copies of these reports available to the director and the Attorney General upon written request.

(2) A manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixtieth day that the manufacturer does not make the copies available.

(f) The director may adopt a subsequent ASTM International Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by a tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM International standard E2187-04 and the performance standard in subdivision (b)(3) of this section.

(g) (1) The director shall review the effectiveness of this section and report every three (3) years his or her findings and recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate for legislation to improve the effectiveness of this subchapter. (2) The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period.

(1) The director shall review the effectiveness of this section and report every three (3) years his or her findings and recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate for legislation to improve the effectiveness of this subchapter.

(2) The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period.

(h) The requirement of subsections (a) and (b) of this section shall not prohibit: (1) A wholesaler or retailer from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesaler or retailer can establish that the inventory was in its possession before January 1, 2010, and the wholesaler or retailer can establish that the inventory was purchased before January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or (2) (A) The sale of cigarettes solely for the purpose of consumer testing. (B) For purposes of this subsection, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for assessment.

(1) A wholesaler or retailer from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesaler or retailer can establish that the inventory was in its possession before January 1, 2010, and the wholesaler or retailer can establish that the inventory was purchased before January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or

(2) (A) The sale of cigarettes solely for the purpose of consumer testing. (B) For purposes of this subsection, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for assessment.

(A) The sale of cigarettes solely for the purpose of consumer testing.

(B) For purposes of this subsection, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for assessment.

Amended by Act 2019, No. 315,§ 2124, eff. 7/24/2019.

Acts 2009, No. 697, § 2; 2011, No. 1121, § 9.
Ark. Code Ann. § 20-21-206 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-206
State Radiation Control Agency - Designation - Employees
Status: in_force

(a) The State Board of Health is designated as the State Radiation Control Agency. (b) The Secretary of the Department of Health shall designate an individual to perform the functions vested in the agency pursuant to this subchapter. (c) In accordance with the laws of this state, the agency may employ, compensate, and prescribe the powers and duties of such individuals and consultants as may be necessary to carry out this subchapter. Amended by Act 2019, No. 910,§ 5019, eff. 7/1/2019. 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) The State Board of Health is designated as the State Radiation Control Agency.

(b) The Secretary of the Department of Health shall designate an individual to perform the functions vested in the agency pursuant to this subchapter.

(c) In accordance with the laws of this state, the agency may employ, compensate, and prescribe the powers and duties of such individuals and consultants as may be necessary to carry out this subchapter.

Amended by Act 2019, No. 910,§ 5019, eff. 7/1/2019.

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. § 20-21-211 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-211
State Radiation Control Agency - Construction
Status: in_force

Sections 20-21-206 - 20-21-210 are cumulative and are intended to supplement existing laws, and no part shall be construed to repeal any existing law specifically enacted for the protection of public health and safety. Acts 1975, No. 382, § 4.

Sections 20-21-206 - 20-21-210 are cumulative and are intended to supplement existing laws, and no part shall be construed to repeal any existing law specifically enacted for the protection of public health and safety.

Acts 1975, No. 382, § 4.
Ark. Code Ann. § 20-9-1402 — AR Code / Title 20 / Chapter 9 / Subchapter 14 / Section 20-9-1402
Shaken baby syndrome education program established
Status: in_force

(a) The Secretary of the Department of Health shall establish the shaken baby syndrome education program by: (1) Not later than one (1) year after August 16, 2013, developing educational materials that present readily comprehensible information for new parents on shaken baby syndrome; and (2) Making available on the Department of Health website in an easily accessible format the educational materials developed under subdivision (a)(1) of this section. (b) (1) An individual or entity may create educational materials concerning shaken baby syndrome. (2) An individual or entity that develops educational materials under subdivision (b)(1) of this section shall submit the materials for approval by the department before distributing the educational materials. (3) If the department approves educational materials submitted under subdivision (b)(2) of this section, the individual or entity may distribute the educational materials at the individual's or entity's expense. (c) (1) Annually beginning on or before January 1, 2014, the secretary shall assess the effectiveness of the shaken baby syndrome education program. (2) The department shall submit a biennial report of the assessment under subdivision (c)(1) of this section to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 910,§ 4979, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4978, eff. 7/1/2019. Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.

(a) The Secretary of the Department of Health shall establish the shaken baby syndrome education program by: (1) Not later than one (1) year after August 16, 2013, developing educational materials that present readily comprehensible information for new parents on shaken baby syndrome; and (2) Making available on the Department of Health website in an easily accessible format the educational materials developed under subdivision (a)(1) of this section.

(1) Not later than one (1) year after August 16, 2013, developing educational materials that present readily comprehensible information for new parents on shaken baby syndrome; and

(2) Making available on the Department of Health website in an easily accessible format the educational materials developed under subdivision (a)(1) of this section.

(b) (1) An individual or entity may create educational materials concerning shaken baby syndrome. (2) An individual or entity that develops educational materials under subdivision (b)(1) of this section shall submit the materials for approval by the department before distributing the educational materials. (3) If the department approves educational materials submitted under subdivision (b)(2) of this section, the individual or entity may distribute the educational materials at the individual's or entity's expense.

(1) An individual or entity may create educational materials concerning shaken baby syndrome.

(2) An individual or entity that develops educational materials under subdivision (b)(1) of this section shall submit the materials for approval by the department before distributing the educational materials.

(3) If the department approves educational materials submitted under subdivision (b)(2) of this section, the individual or entity may distribute the educational materials at the individual's or entity's expense.

(c) (1) Annually beginning on or before January 1, 2014, the secretary shall assess the effectiveness of the shaken baby syndrome education program. (2) The department shall submit a biennial report of the assessment under subdivision (c)(1) of this section to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.

(1) Annually beginning on or before January 1, 2014, the secretary shall assess the effectiveness of the shaken baby syndrome education program.

(2) The department shall submit a biennial report of the assessment under subdivision (c)(1) of this section to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2019, No. 910,§ 4979, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4978, eff. 7/1/2019.

Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-9-1104 — AR Code / Title 20 / Chapter 9 / Subchapter 11 / Section 20-9-1104
State Board of Health - Powers and duties
Status: in_force

After consultation with the Cervical Cancer Task Force and if funds are available, the State Board of Health may promulgate rules to further the intent of this subchapter. Acts 2005, No. 1414, § 1.

After consultation with the Cervical Cancer Task Force and if funds are available, the State Board of Health may promulgate rules to further the intent of this subchapter.

Acts 2005, No. 1414, § 1.
Ark. Code Ann. § 20-47-502 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-502
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Case management" means those efforts that ensure that necessary services for the child and family are obtained and monitored. (B) Such efforts shall include coordination across agencies for evaluations, the provision of services based on assessments and evaluations that result in the development of an interagency service plan, the review for adequacy of services through client progress, and maintaining cooperation among agencies; (2) (A) "Case review" means a multiagency effort to design and provide a service delivery plan for difficult-to-serve children who may require unusual services or service configurations. (B) When utilizing a group process for reaching service delivery decisions, the group shall be composed of those who carry sufficient authority to ensure timely provision of services; (3) "CASSP" means the Child and Adolescent Service System Program; (4) "Child with emotional disturbance" means an individual who has been diagnosed with a mental, behavioral, or emotional disorder of a long-term nature under the age of eighteen (18) or under the age of twenty-one (21) if program services began before the age of eighteen (18): (A) Who is exhibiting inappropriate emotional, interpersonal, or behavioral problems within the home, preschool program, school, or community given his or her age, intellectual level, and cultural background; (B) Whose degree of dysfunction is at least disruptive and often disabling; (C) Whose problems persist after efforts to deal with the problems have been made by significant others in the child's social environment; (D) Who meets specific criteria established by the Child and Adolescent Service System Program Coordinating Council; and (E) Who has multiagency needs exhibited by one (1) or more of the following characteristics: (i) The behavior occurs with a sufficient frequency to be considered a pattern of response or to be so intense that the consequences lead to a severe measure of control, including, but not limited to: (a) Seclusion; (b) Restraint; (c) Hospitalization; or (d) Chemical intervention; (ii) The behavior, although provoked, is judged to be extreme or inappropriate for the age, including, but not limited to: (a) Very aggressive; or (b) Self-withdrawn; (iii) The behavior is sufficiently disruptive as to lead to exclusion from school, home, or therapeutic, or recreational settings; or (iv) The behavior is sufficiently intense or severe to be considered seriously detrimental to the child's growth, development, or welfare or seriously detrimental to the safety or welfare of others; (5) "Comprehensive Children's Behavioral Health System of Care Plan" means a plan to assist the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services in providing oversight for the Child and Adolescent Service System Program; (6) (A) "Flexible funds" means a specific fiscal allocation designated for atypical expenditures to meet extraordinary needs of a child and family identified in the multiagency plan of services. (B) Decisions for expenditure of flexible funds shall be made at the regional or local level and shall be approved by all involved service providers; (7) "Multiagency plan of services" means the integrated, individualized plan of care that is developed through the collaboration of all agencies providing services for that child and based on evaluations shared by each involved agency with the Child and Adolescent Service System Program local service team; (8) (A) "Regional plan" means a written strategy developed by regional program teams that specifies the kind, mix, and priority of services to be provided in each community mental health center catchment area. (B) The regional plan shall: (i) Address all components of the system of care; (ii) Be based on the principles for the system of care provided in this subchapter and on the service needs of the children with emotional disturbance in the region; (iii) Include procedures for evaluating services provided to children with emotional disturbance and their families; (iv) Be reviewed annually by the council; and (v) Upon approval be incorporated into the statewide plan; (9) "Screening and assessment" means an initial appraisal of a child identified or suspected of having emotional disturbance that provides sufficient information to make decisions about service needs; (10) "Service array" means those services in the system of care that address the varying areas of needs of children with emotional disturbance and their families and shall include but not be limited to: (A) Behavioral health services; (B) Substance abuse services; (C) Social services; (D) Education services; (E) Health services; (F) Vocational services; (G) Recreational services; (H) Case management; (I) Advocacy; and (J) Other necessary services; (11) "Single point of entry" means a unit, agency, or group designated as the gatekeeper for the Child and Adolescent Service System Program service system for children with emotional disturbance and their families; (12) "Statewide plan" means a comprehensive strategy that identifies the procedures for developing and implementing the system of care that is prepared by the council incorporating all regional plans; and (13) "System of care" means a comprehensive spectrum of behavioral health and other necessary services organized into a coordinated network to meet the multiple and changing needs of children with emotional disturbance, based on principles set forth in this subchapter. Amended by Act 2017, No. 913,§ 85, eff. 8/1/2017. Acts 1991, No. 964, § 2; 2001, No. 1517, § 2; 2005, No. 2209, § 1.

As used in this subchapter:

(1) (A) "Case management" means those efforts that ensure that necessary services for the child and family are obtained and monitored. (B) Such efforts shall include coordination across agencies for evaluations, the provision of services based on assessments and evaluations that result in the development of an interagency service plan, the review for adequacy of services through client progress, and maintaining cooperation among agencies;

(A) "Case management" means those efforts that ensure that necessary services for the child and family are obtained and monitored.

(B) Such efforts shall include coordination across agencies for evaluations, the provision of services based on assessments and evaluations that result in the development of an interagency service plan, the review for adequacy of services through client progress, and maintaining cooperation among agencies;

(2) (A) "Case review" means a multiagency effort to design and provide a service delivery plan for difficult-to-serve children who may require unusual services or service configurations. (B) When utilizing a group process for reaching service delivery decisions, the group shall be composed of those who carry sufficient authority to ensure timely provision of services;

(A) "Case review" means a multiagency effort to design and provide a service delivery plan for difficult-to-serve children who may require unusual services or service configurations.

(B) When utilizing a group process for reaching service delivery decisions, the group shall be composed of those who carry sufficient authority to ensure timely provision of services;

(3) "CASSP" means the Child and Adolescent Service System Program;

(4) "Child with emotional disturbance" means an individual who has been diagnosed with a mental, behavioral, or emotional disorder of a long-term nature under the age of eighteen (18) or under the age of twenty-one (21) if program services began before the age of eighteen (18): (A) Who is exhibiting inappropriate emotional, interpersonal, or behavioral problems within the home, preschool program, school, or community given his or her age, intellectual level, and cultural background; (B) Whose degree of dysfunction is at least disruptive and often disabling; (C) Whose problems persist after efforts to deal with the problems have been made by significant others in the child's social environment; (D) Who meets specific criteria established by the Child and Adolescent Service System Program Coordinating Council; and (E) Who has multiagency needs exhibited by one (1) or more of the following characteristics: (i) The behavior occurs with a sufficient frequency to be considered a pattern of response or to be so intense that the consequences lead to a severe measure of control, including, but not limited to: (a) Seclusion; (b) Restraint; (c) Hospitalization; or (d) Chemical intervention; (ii) The behavior, although provoked, is judged to be extreme or inappropriate for the age, including, but not limited to: (a) Very aggressive; or (b) Self-withdrawn; (iii) The behavior is sufficiently disruptive as to lead to exclusion from school, home, or therapeutic, or recreational settings; or (iv) The behavior is sufficiently intense or severe to be considered seriously detrimental to the child's growth, development, or welfare or seriously detrimental to the safety or welfare of others;

(A) Who is exhibiting inappropriate emotional, interpersonal, or behavioral problems within the home, preschool program, school, or community given his or her age, intellectual level, and cultural background;

(B) Whose degree of dysfunction is at least disruptive and often disabling;

(C) Whose problems persist after efforts to deal with the problems have been made by significant others in the child's social environment;

(D) Who meets specific criteria established by the Child and Adolescent Service System Program Coordinating Council; and

(E) Who has multiagency needs exhibited by one (1) or more of the following characteristics: (i) The behavior occurs with a sufficient frequency to be considered a pattern of response or to be so intense that the consequences lead to a severe measure of control, including, but not limited to: (a) Seclusion; (b) Restraint; (c) Hospitalization; or (d) Chemical intervention; (ii) The behavior, although provoked, is judged to be extreme or inappropriate for the age, including, but not limited to: (a) Very aggressive; or (b) Self-withdrawn; (iii) The behavior is sufficiently disruptive as to lead to exclusion from school, home, or therapeutic, or recreational settings; or (iv) The behavior is sufficiently intense or severe to be considered seriously detrimental to the child's growth, development, or welfare or seriously detrimental to the safety or welfare of others;

(i) The behavior occurs with a sufficient frequency to be considered a pattern of response or to be so intense that the consequences lead to a severe measure of control, including, but not limited to: (a) Seclusion; (b) Restraint; (c) Hospitalization; or (d) Chemical intervention;

(a) Seclusion;

(b) Restraint;

(c) Hospitalization; or

(d) Chemical intervention;

(ii) The behavior, although provoked, is judged to be extreme or inappropriate for the age, including, but not limited to: (a) Very aggressive; or (b) Self-withdrawn;

(a) Very aggressive; or

(b) Self-withdrawn;

(iii) The behavior is sufficiently disruptive as to lead to exclusion from school, home, or therapeutic, or recreational settings; or

(iv) The behavior is sufficiently intense or severe to be considered seriously detrimental to the child's growth, development, or welfare or seriously detrimental to the safety or welfare of others;

(5) "Comprehensive Children's Behavioral Health System of Care Plan" means a plan to assist the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services in providing oversight for the Child and Adolescent Service System Program;

(6) (A) "Flexible funds" means a specific fiscal allocation designated for atypical expenditures to meet extraordinary needs of a child and family identified in the multiagency plan of services. (B) Decisions for expenditure of flexible funds shall be made at the regional or local level and shall be approved by all involved service providers;

(A) "Flexible funds" means a specific fiscal allocation designated for atypical expenditures to meet extraordinary needs of a child and family identified in the multiagency plan of services.

(B) Decisions for expenditure of flexible funds shall be made at the regional or local level and shall be approved by all involved service providers;

(7) "Multiagency plan of services" means the integrated, individualized plan of care that is developed through the collaboration of all agencies providing services for that child and based on evaluations shared by each involved agency with the Child and Adolescent Service System Program local service team;

(8) (A) "Regional plan" means a written strategy developed by regional program teams that specifies the kind, mix, and priority of services to be provided in each community mental health center catchment area. (B) The regional plan shall: (i) Address all components of the system of care; (ii) Be based on the principles for the system of care provided in this subchapter and on the service needs of the children with emotional disturbance in the region; (iii) Include procedures for evaluating services provided to children with emotional disturbance and their families; (iv) Be reviewed annually by the council; and (v) Upon approval be incorporated into the statewide plan;

(A) "Regional plan" means a written strategy developed by regional program teams that specifies the kind, mix, and priority of services to be provided in each community mental health center catchment area.

(B) The regional plan shall: (i) Address all components of the system of care; (ii) Be based on the principles for the system of care provided in this subchapter and on the service needs of the children with emotional disturbance in the region; (iii) Include procedures for evaluating services provided to children with emotional disturbance and their families; (iv) Be reviewed annually by the council; and (v) Upon approval be incorporated into the statewide plan;

(i) Address all components of the system of care;

(ii) Be based on the principles for the system of care provided in this subchapter and on the service needs of the children with emotional disturbance in the region;

(iii) Include procedures for evaluating services provided to children with emotional disturbance and their families;

(iv) Be reviewed annually by the council; and

(v) Upon approval be incorporated into the statewide plan;

(9) "Screening and assessment" means an initial appraisal of a child identified or suspected of having emotional disturbance that provides sufficient information to make decisions about service needs;

(10) "Service array" means those services in the system of care that address the varying areas of needs of children with emotional disturbance and their families and shall include but not be limited to: (A) Behavioral health services; (B) Substance abuse services; (C) Social services; (D) Education services; (E) Health services; (F) Vocational services; (G) Recreational services; (H) Case management; (I) Advocacy; and (J) Other necessary services;

(A) Behavioral health services;

(B) Substance abuse services;

(C) Social services;

(D) Education services;

(E) Health services;

(F) Vocational services;

(G) Recreational services;

(H) Case management;

(I) Advocacy; and

(J) Other necessary services;

(11) "Single point of entry" means a unit, agency, or group designated as the gatekeeper for the Child and Adolescent Service System Program service system for children with emotional disturbance and their families;

(12) "Statewide plan" means a comprehensive strategy that identifies the procedures for developing and implementing the system of care that is prepared by the council incorporating all regional plans; and

(13) "System of care" means a comprehensive spectrum of behavioral health and other necessary services organized into a coordinated network to meet the multiple and changing needs of children with emotional disturbance, based on principles set forth in this subchapter.

Amended by Act 2017, No. 913,§ 85, eff. 8/1/2017.

Acts 1991, No. 964, § 2; 2001, No. 1517, § 2; 2005, No. 2209, § 1.
Ark. Code Ann. § 20-47-204 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-204
Voluntary admissions
Status: in_force

The following shall apply to voluntary admissions of persons with a mental illness, disease, or disorder: (1) (A) Any person who believes himself or herself to have a mental illness, disease, or disorder may apply to the administrator or his or her designee of a hospital or to the administrator or his or her designee of a receiving facility or program to which admission is requested. (B) If the administrator or his or her designee of the hospital or the administrator or his or her designee of a receiving facility or program shall be satisfied after examination of the applicant that he or she is in need of mental health treatment and will be benefitted thereby, he or she may receive and care for the applicant in the hospital or receiving facility or program for such a period of time as he or she shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the hospital or receiving facility or program; (2) If at any time the person who has voluntarily admitted himself or herself to the hospital or receiving facility or program makes a request to leave, and the administrator or his or her designee determines that the person meets the criteria for involuntary admission as defined in § 20-47-207 , then the person shall be considered to be held by detention and the involuntary admission procedures set forth herein shall apply; (3) (A) Any person requesting to leave under subdivision (2) of this section, within one (1) hour of his or her request to any hospital or receiving facility or program employee, in an administrative or treatment capacity, shall be provided with a written statement advising him or her of all rights delineated in §§ 20-47-211 and 20-47-212 . The person shall further be provided with an acknowledgment confirming that he or she has been advised of the aforesaid rights. (B) (i) If the person refused to sign the acknowledgment, this refusal shall be noted in the person's chart and shall be attested to by two (2) eyewitnesses on a separate document. (ii) An original of said attestation shall be furnished to the court. (C) For the purposes of computing the initial period of evaluation and treatment referred to in § 20-47-213 , detention begins upon the signing of the acknowledgment by the person or, in the event that the person refuses to sign the acknowledgment, upon the attestation of the refusal by two (2) eyewitnesses; and (4) (A) A person voluntarily admitted who absents himself or herself from a hospital or receiving facility or program, as defined in this subchapter, may be placed on elopement status and a pick-up order issued if, in the opinion of the treatment staff, the person meets the criteria for involuntary admission as defined in § 20-47-207 . (B) It shall be the responsibility of the sheriff of the county or a law enforcement officer of the city of the first class in which the individual is physically present to transport the individual. (C) Upon return to the hospital or receiving facility or program, the individual shall be held under detention as defined in § 20-47-202(6) . Acts 1989, No. 861, § 3.

The following shall apply to voluntary admissions of persons with a mental illness, disease, or disorder:

(1) (A) Any person who believes himself or herself to have a mental illness, disease, or disorder may apply to the administrator or his or her designee of a hospital or to the administrator or his or her designee of a receiving facility or program to which admission is requested. (B) If the administrator or his or her designee of the hospital or the administrator or his or her designee of a receiving facility or program shall be satisfied after examination of the applicant that he or she is in need of mental health treatment and will be benefitted thereby, he or she may receive and care for the applicant in the hospital or receiving facility or program for such a period of time as he or she shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the hospital or receiving facility or program;

(A) Any person who believes himself or herself to have a mental illness, disease, or disorder may apply to the administrator or his or her designee of a hospital or to the administrator or his or her designee of a receiving facility or program to which admission is requested.

(B) If the administrator or his or her designee of the hospital or the administrator or his or her designee of a receiving facility or program shall be satisfied after examination of the applicant that he or she is in need of mental health treatment and will be benefitted thereby, he or she may receive and care for the applicant in the hospital or receiving facility or program for such a period of time as he or she shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the hospital or receiving facility or program;

(2) If at any time the person who has voluntarily admitted himself or herself to the hospital or receiving facility or program makes a request to leave, and the administrator or his or her designee determines that the person meets the criteria for involuntary admission as defined in § 20-47-207 , then the person shall be considered to be held by detention and the involuntary admission procedures set forth herein shall apply;

(3) (A) Any person requesting to leave under subdivision (2) of this section, within one (1) hour of his or her request to any hospital or receiving facility or program employee, in an administrative or treatment capacity, shall be provided with a written statement advising him or her of all rights delineated in §§ 20-47-211 and 20-47-212 . The person shall further be provided with an acknowledgment confirming that he or she has been advised of the aforesaid rights. (B) (i) If the person refused to sign the acknowledgment, this refusal shall be noted in the person's chart and shall be attested to by two (2) eyewitnesses on a separate document. (ii) An original of said attestation shall be furnished to the court. (C) For the purposes of computing the initial period of evaluation and treatment referred to in § 20-47-213 , detention begins upon the signing of the acknowledgment by the person or, in the event that the person refuses to sign the acknowledgment, upon the attestation of the refusal by two (2) eyewitnesses; and

(A) Any person requesting to leave under subdivision (2) of this section, within one (1) hour of his or her request to any hospital or receiving facility or program employee, in an administrative or treatment capacity, shall be provided with a written statement advising him or her of all rights delineated in §§ 20-47-211 and 20-47-212 . The person shall further be provided with an acknowledgment confirming that he or she has been advised of the aforesaid rights.

(B) (i) If the person refused to sign the acknowledgment, this refusal shall be noted in the person's chart and shall be attested to by two (2) eyewitnesses on a separate document. (ii) An original of said attestation shall be furnished to the court.

(i) If the person refused to sign the acknowledgment, this refusal shall be noted in the person's chart and shall be attested to by two (2) eyewitnesses on a separate document.

(ii) An original of said attestation shall be furnished to the court.

(C) For the purposes of computing the initial period of evaluation and treatment referred to in § 20-47-213 , detention begins upon the signing of the acknowledgment by the person or, in the event that the person refuses to sign the acknowledgment, upon the attestation of the refusal by two (2) eyewitnesses; and

(4) (A) A person voluntarily admitted who absents himself or herself from a hospital or receiving facility or program, as defined in this subchapter, may be placed on elopement status and a pick-up order issued if, in the opinion of the treatment staff, the person meets the criteria for involuntary admission as defined in § 20-47-207 . (B) It shall be the responsibility of the sheriff of the county or a law enforcement officer of the city of the first class in which the individual is physically present to transport the individual. (C) Upon return to the hospital or receiving facility or program, the individual shall be held under detention as defined in § 20-47-202(6) .

(A) A person voluntarily admitted who absents himself or herself from a hospital or receiving facility or program, as defined in this subchapter, may be placed on elopement status and a pick-up order issued if, in the opinion of the treatment staff, the person meets the criteria for involuntary admission as defined in § 20-47-207 .

(B) It shall be the responsibility of the sheriff of the county or a law enforcement officer of the city of the first class in which the individual is physically present to transport the individual.

(C) Upon return to the hospital or receiving facility or program, the individual shall be held under detention as defined in § 20-47-202(6) .

Acts 1989, No. 861, § 3.
Ark. Code Ann. § 20-64-1001 — AR Code / Title 20 / Chapter 64 / Subchapter 10 / Section 20-64-1001
Arkansas Drug Director
Status: in_force

(a) (1) There is created within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services a position of Arkansas Drug Director. (2) The Arkansas Drug Director shall be appointed by the Governor and shall serve at the pleasure of the Governor. (3) The Arkansas Drug Director shall report to the Secretary of the Department of Human Services. (b) The Arkansas Drug Director shall serve as the coordinator for development of an organizational framework to ensure that alcohol and drug programs and policies are well planned and coordinated. (c) The Arkansas Drug Director, in cooperation with the Department of Finance and Administration, shall perform financial monitoring of each drug task force of the state to ensure that grant funds are being expended according to law and to ensure that the drug task force's financial record system is adequate to provide a clear, timely, and accurate accounting of all asset forfeitures, revenues, and expenditures. (d) (1) The Arkansas Drug Director shall maintain an office at a location to be determined by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. All records required by law to be kept by the Arkansas Drug Director shall be maintained at the office. (2) The Arkansas Drug Director is authorized to establish and enforce rules regarding the management of the Special State Assets Forfeiture Fund and the maintenance and inspection of drug task force records concerning asset forfeitures, revenues, expenditures, and grant funds. (3) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to hire employees to assist in these functions. Amended by Act 2019, No. 910,§ 5214, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 109, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 108, eff. 8/1/2017. Acts 1989, No. 855, § 1; 2001, No. 1690, § 3; 2005, No. 1954, § 6.

(a) (1) There is created within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services a position of Arkansas Drug Director. (2) The Arkansas Drug Director shall be appointed by the Governor and shall serve at the pleasure of the Governor. (3) The Arkansas Drug Director shall report to the Secretary of the Department of Human Services.

(1) There is created within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services a position of Arkansas Drug Director.

(2) The Arkansas Drug Director shall be appointed by the Governor and shall serve at the pleasure of the Governor.

(3) The Arkansas Drug Director shall report to the Secretary of the Department of Human Services.

(b) The Arkansas Drug Director shall serve as the coordinator for development of an organizational framework to ensure that alcohol and drug programs and policies are well planned and coordinated.

(c) The Arkansas Drug Director, in cooperation with the Department of Finance and Administration, shall perform financial monitoring of each drug task force of the state to ensure that grant funds are being expended according to law and to ensure that the drug task force's financial record system is adequate to provide a clear, timely, and accurate accounting of all asset forfeitures, revenues, and expenditures.

(d) (1) The Arkansas Drug Director shall maintain an office at a location to be determined by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. All records required by law to be kept by the Arkansas Drug Director shall be maintained at the office. (2) The Arkansas Drug Director is authorized to establish and enforce rules regarding the management of the Special State Assets Forfeiture Fund and the maintenance and inspection of drug task force records concerning asset forfeitures, revenues, expenditures, and grant funds. (3) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to hire employees to assist in these functions.

(1) The Arkansas Drug Director shall maintain an office at a location to be determined by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. All records required by law to be kept by the Arkansas Drug Director shall be maintained at the office.

(2) The Arkansas Drug Director is authorized to establish and enforce rules regarding the management of the Special State Assets Forfeiture Fund and the maintenance and inspection of drug task force records concerning asset forfeitures, revenues, expenditures, and grant funds.

(3) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to hire employees to assist in these functions.

Amended by Act 2019, No. 910,§ 5214, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 109, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 108, eff. 8/1/2017.

Acts 1989, No. 855, § 1; 2001, No. 1690, § 3; 2005, No. 1954, § 6.
Ark. Code Ann. § 20-30-101 — AR Code / Title 20 / Chapter 30 / Section 20-30-101
Definitions
Status: in_force

As used in this chapter: (1) "Critical items" means those aspects of operation or conditions of facilities or equipment which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. These include: (A) Restriction of employees with infection; (B) Approved water supply of hot and cold running water under pressure; (C) Sewage and liquid waste disposal; (D) No cross-connection or back-siphonage; (E) Safety; (F) Excessive turbidity; (G) Failure to maintain proper chemical levels; (H) Failure or lack of filtration, sanitizing, and cleaning equipment and chemicals; and (I) Absence or lack of required supervisory personnel; (2) [Repealed.] (3) "Imminent health hazard" means any condition, deficiency, or practice which, if not corrected, is very likely to result in illness, injury, or loss of life to any person; (4) "Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the United States Government and its agencies and departments; and (5) (A) "Public swimming pool" means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, together with buildings, appurtenances, and equipment used in connection therewith. Included are spa-type, wading, or special purpose pools or water recreation attractions, including, but not limited to, those operated at camps, childcare facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions, schools, motels, hotels, and mobile home parks, to which admission may be gained with or without payment of a fee. (B) "Public swimming pool" shall not apply to private pools at single-family residences. Amended by Act 2019, No. 389,§ 49, eff. 7/24/2019. Acts 1987, No. 623, § 1; 1997, No. 285, § 1.

As used in this chapter:

(1) "Critical items" means those aspects of operation or conditions of facilities or equipment which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. These include: (A) Restriction of employees with infection; (B) Approved water supply of hot and cold running water under pressure; (C) Sewage and liquid waste disposal; (D) No cross-connection or back-siphonage; (E) Safety; (F) Excessive turbidity; (G) Failure to maintain proper chemical levels; (H) Failure or lack of filtration, sanitizing, and cleaning equipment and chemicals; and (I) Absence or lack of required supervisory personnel;

(A) Restriction of employees with infection;

(B) Approved water supply of hot and cold running water under pressure;

(C) Sewage and liquid waste disposal;

(D) No cross-connection or back-siphonage;

(E) Safety;

(F) Excessive turbidity;

(G) Failure to maintain proper chemical levels;

(H) Failure or lack of filtration, sanitizing, and cleaning equipment and chemicals; and

(I) Absence or lack of required supervisory personnel;

(2) [Repealed.]

(3) "Imminent health hazard" means any condition, deficiency, or practice which, if not corrected, is very likely to result in illness, injury, or loss of life to any person;

(4) "Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the United States Government and its agencies and departments; and

(5) (A) "Public swimming pool" means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, together with buildings, appurtenances, and equipment used in connection therewith. Included are spa-type, wading, or special purpose pools or water recreation attractions, including, but not limited to, those operated at camps, childcare facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions, schools, motels, hotels, and mobile home parks, to which admission may be gained with or without payment of a fee. (B) "Public swimming pool" shall not apply to private pools at single-family residences.

(A) "Public swimming pool" means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, together with buildings, appurtenances, and equipment used in connection therewith. Included are spa-type, wading, or special purpose pools or water recreation attractions, including, but not limited to, those operated at camps, childcare facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions, schools, motels, hotels, and mobile home parks, to which admission may be gained with or without payment of a fee.

(B) "Public swimming pool" shall not apply to private pools at single-family residences.

Amended by Act 2019, No. 389,§ 49, eff. 7/24/2019.

Acts 1987, No. 623, § 1; 1997, No. 285, § 1.