Ark. Code Ann. § 20-9-313 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-313
Deferral of authority of Department of Health to Centers for Medicare and Medicaid Services - Hospitals Without Walls initiative and other Centers for Medicare and Medicaid Services-certified facility flexibilities - Legislative findings and intent - Authority
Status: in_force

(a) The General Assembly finds that: (1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities allow: (A) Participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency; and (B) Existing hospitals to provide healthcare services at the patient's home and other selected sites; (2) In cooperation and in an effort to promote public health, the Department of Health suspended portions of its Rules for Hospitals and Related Institutions according to the Governor's Executive Orders 20-06 and 20-16, and any future executive orders that extend the public health emergency, to allow for the regulatory flexibilities to facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities; (3) Legislative clarification is necessary to clarify that the department has the regulatory authority necessary to continue the regulatory flexibilities for the duration of the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities for the purpose of promoting public health in this state; and (4) The Centers for Medicare & Medicaid Services may: (A) Temporarily modify or waive certain requirements when there is a public health emergency; and (B) Issue temporary blanket waivers or temporary specific waivers if the temporary waivers are intended to help beneficiaries access care. (b) It is the intent of the General Assembly, for the benefit of the citizens of this state, that the department have the authority to: (1) Allow all Centers for Medicare & Medicaid Services-certified facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities to continue to do so until: (A) The Centers for Medicare & Medicaid Services terminates the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities; or (B) The national public health emergency is declared over; and (2) Administer this section. (c) (1) The department shall have the authority to defer to the Centers for Medicare & Medicaid Services as to when the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities are terminated. (2) The authority described in subdivision (c)(1) of this section shall include the ability to suspend portions of its Rules for Hospitals and Related Institutions to allow regulatory flexibilities to facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative. (d) The department shall exercise the authority granted under subsection (c) of this section to suspend portions of its rules for facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities. (e) (1) This section applies to any future public health emergency if the Centers for Medicare & Medicaid Services implements an initiative similar to the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative or other Centers for Medicare & Medicaid Services-certified facility flexibilities. (2) Upon the implementation of an initiative described in subdivision (e)(1) of this section, a Centers for Medicare & Medicaid Services-certified facility may seek any applicable waivers to implement a future initiative similar to the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative or other Centers for Medicare & Medicaid Services-certified facility flexibilities during the period of a future public health emergency. (f) (1) The General Assembly authorizes the department, as a federally authorized state survey agency for the Centers for Medicare & Medicaid Services, to implement temporary licensure waivers and flexibilities during the coronavirus 2019 (COVID-19) public health emergency and any future public health emergency that duplicate or match the Centers for Medicare & Medicaid Services waivers. (2) The temporary licensure waivers and flexibilities described in subdivision (f)(1) of this section may remain in place until: (A) The Centers for Medicare & Medicaid Services waiver is terminated by the Centers for Medicare & Medicaid Services; or (B) The national public health emergency is declared over. Added by Act 2021, No. 1055,§ 1, eff. 4/29/2021.

(a) The General Assembly finds that: (1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities allow: (A) Participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency; and (B) Existing hospitals to provide healthcare services at the patient's home and other selected sites; (2) In cooperation and in an effort to promote public health, the Department of Health suspended portions of its Rules for Hospitals and Related Institutions according to the Governor's Executive Orders 20-06 and 20-16, and any future executive orders that extend the public health emergency, to allow for the regulatory flexibilities to facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities; (3) Legislative clarification is necessary to clarify that the department has the regulatory authority necessary to continue the regulatory flexibilities for the duration of the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities for the purpose of promoting public health in this state; and (4) The Centers for Medicare & Medicaid Services may: (A) Temporarily modify or waive certain requirements when there is a public health emergency; and (B) Issue temporary blanket waivers or temporary specific waivers if the temporary waivers are intended to help beneficiaries access care.

(1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities allow: (A) Participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency; and (B) Existing hospitals to provide healthcare services at the patient's home and other selected sites;

(A) Participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency; and

(B) Existing hospitals to provide healthcare services at the patient's home and other selected sites;

(2) In cooperation and in an effort to promote public health, the Department of Health suspended portions of its Rules for Hospitals and Related Institutions according to the Governor's Executive Orders 20-06 and 20-16, and any future executive orders that extend the public health emergency, to allow for the regulatory flexibilities to facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities;

(3) Legislative clarification is necessary to clarify that the department has the regulatory authority necessary to continue the regulatory flexibilities for the duration of the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities for the purpose of promoting public health in this state; and

(4) The Centers for Medicare & Medicaid Services may: (A) Temporarily modify or waive certain requirements when there is a public health emergency; and (B) Issue temporary blanket waivers or temporary specific waivers if the temporary waivers are intended to help beneficiaries access care.

(A) Temporarily modify or waive certain requirements when there is a public health emergency; and

(B) Issue temporary blanket waivers or temporary specific waivers if the temporary waivers are intended to help beneficiaries access care.

(b) It is the intent of the General Assembly, for the benefit of the citizens of this state, that the department have the authority to: (1) Allow all Centers for Medicare & Medicaid Services-certified facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities to continue to do so until: (A) The Centers for Medicare & Medicaid Services terminates the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities; or (B) The national public health emergency is declared over; and (2) Administer this section.

(1) Allow all Centers for Medicare & Medicaid Services-certified facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities to continue to do so until: (A) The Centers for Medicare & Medicaid Services terminates the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities; or (B) The national public health emergency is declared over; and

(A) The Centers for Medicare & Medicaid Services terminates the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities; or

(B) The national public health emergency is declared over; and

(2) Administer this section.

(c) (1) The department shall have the authority to defer to the Centers for Medicare & Medicaid Services as to when the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities are terminated. (2) The authority described in subdivision (c)(1) of this section shall include the ability to suspend portions of its Rules for Hospitals and Related Institutions to allow regulatory flexibilities to facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative.

(1) The department shall have the authority to defer to the Centers for Medicare & Medicaid Services as to when the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities are terminated.

(2) The authority described in subdivision (c)(1) of this section shall include the ability to suspend portions of its Rules for Hospitals and Related Institutions to allow regulatory flexibilities to facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative.

(d) The department shall exercise the authority granted under subsection (c) of this section to suspend portions of its rules for facilities participating in the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities.

(e) (1) This section applies to any future public health emergency if the Centers for Medicare & Medicaid Services implements an initiative similar to the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative or other Centers for Medicare & Medicaid Services-certified facility flexibilities. (2) Upon the implementation of an initiative described in subdivision (e)(1) of this section, a Centers for Medicare & Medicaid Services-certified facility may seek any applicable waivers to implement a future initiative similar to the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative or other Centers for Medicare & Medicaid Services-certified facility flexibilities during the period of a future public health emergency.

(1) This section applies to any future public health emergency if the Centers for Medicare & Medicaid Services implements an initiative similar to the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative or other Centers for Medicare & Medicaid Services-certified facility flexibilities.

(2) Upon the implementation of an initiative described in subdivision (e)(1) of this section, a Centers for Medicare & Medicaid Services-certified facility may seek any applicable waivers to implement a future initiative similar to the Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative or other Centers for Medicare & Medicaid Services-certified facility flexibilities during the period of a future public health emergency.

(f) (1) The General Assembly authorizes the department, as a federally authorized state survey agency for the Centers for Medicare & Medicaid Services, to implement temporary licensure waivers and flexibilities during the coronavirus 2019 (COVID-19) public health emergency and any future public health emergency that duplicate or match the Centers for Medicare & Medicaid Services waivers. (2) The temporary licensure waivers and flexibilities described in subdivision (f)(1) of this section may remain in place until: (A) The Centers for Medicare & Medicaid Services waiver is terminated by the Centers for Medicare & Medicaid Services; or (B) The national public health emergency is declared over.

(1) The General Assembly authorizes the department, as a federally authorized state survey agency for the Centers for Medicare & Medicaid Services, to implement temporary licensure waivers and flexibilities during the coronavirus 2019 (COVID-19) public health emergency and any future public health emergency that duplicate or match the Centers for Medicare & Medicaid Services waivers.

(2) The temporary licensure waivers and flexibilities described in subdivision (f)(1) of this section may remain in place until: (A) The Centers for Medicare & Medicaid Services waiver is terminated by the Centers for Medicare & Medicaid Services; or (B) The national public health emergency is declared over.

(A) The Centers for Medicare & Medicaid Services waiver is terminated by the Centers for Medicare & Medicaid Services; or

(B) The national public health emergency is declared over.

Added by Act 2021, No. 1055,§ 1, eff. 4/29/2021.
Ark. Code Ann. § 20-16-1804 — AR Code / Title 20 / Chapter 16 / Subchapter 18 / Section 20-16-1804
Civil remedies - Attorney's fees
Status: in_force

(a) (1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by: (A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; (B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or (C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter. (2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter. (b) (1) A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by: (A) The woman who receives a dismemberment abortion in violation of this subchapter; (B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or (C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter. (2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff. (3) Civil damages shall include: (A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and (B) Statutory damages equal to three (3) times the cost of the dismemberment abortion. (c) (1) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. (2) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff. (3) A reasonable attorney's fee shall not be assessed against the woman who received a dismemberment abortion. Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.

(a) (1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by: (A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; (B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or (C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter. (2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.

(1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by: (A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; (B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or (C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.

(A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;

(B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or

(C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.

(2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.

(b) (1) A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by: (A) The woman who receives a dismemberment abortion in violation of this subchapter; (B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or (C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter. (2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff. (3) Civil damages shall include: (A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and (B) Statutory damages equal to three (3) times the cost of the dismemberment abortion.

(1) A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by: (A) The woman who receives a dismemberment abortion in violation of this subchapter; (B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or (C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter.

(A) The woman who receives a dismemberment abortion in violation of this subchapter;

(B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or

(C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter.

(2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff.

(3) Civil damages shall include: (A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and (B) Statutory damages equal to three (3) times the cost of the dismemberment abortion.

(A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and

(B) Statutory damages equal to three (3) times the cost of the dismemberment abortion.

(c) (1) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. (2) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff. (3) A reasonable attorney's fee shall not be assessed against the woman who received a dismemberment abortion.

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

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

(3) A reasonable attorney's fee shall not be assessed against the woman who received a dismemberment abortion.

Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-64-802 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-802
Jurisdiction
Status: in_force

The circuit courts of this state shall have exclusive jurisdiction for the involuntary commitment procedures initiated pursuant to this subchapter. The circuit judge may conduct hearings pursuant to this subchapter in a receiving facility or program where the person is detained or residing at the Arkansas State Hospital or within any county of his or her judicial district. Acts 1989 (3rd Ex. Sess.), No. 10, § 2.

The circuit courts of this state shall have exclusive jurisdiction for the involuntary commitment procedures initiated pursuant to this subchapter. The circuit judge may conduct hearings pursuant to this subchapter in a receiving facility or program where the person is detained or residing at the Arkansas State Hospital or within any county of his or her judicial district.

Acts 1989 (3rd Ex. Sess.), No. 10, § 2.
Ark. Code Ann. § 20-3-102 — AR Code / Title 20 / Chapter 3 / Section 20-3-102
Purpose
Status: in_force

It is the intent and purpose of this chapter to create and establish the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

It is the intent and purpose of this chapter to create and establish the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-6-303 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-303
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Healthcare facility" means an institution, building, agency, or a portion of an institution, building, or agency that is used, operated, or designed to provide healthcare services, medical treatment, nursing care, rehabilitative care, or preventative care to an individual, regardless of whether the institution, building, or agency is a private organization, a public organization, a nonprofit organization, or a for-profit organization. (B) "Healthcare facility" includes without limitation: (i) An ambulatory surgical facility; (ii) A home health agency; (iii) A hospice; (iv) A hospital; (v) An infirmary; (vi) A long-term care facility; (vii) An assisted living facility; (viii) A mental health center; (ix) An outpatient facility; (x) A rehabilitation facility; and (xi) A residential treatment facility; (2) "Healthcare provider" means an individual who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or in the practice of a profession, including without limitation: (A) An emergency medical care provider; and (B) An individual providing home and community-based services; (3) "Legal representative" means the same as a person authorized to consent on the principal's behalf under § 20-6-102 ; (4) "Patient" means an individual who has a critical medical condition or a terminal illness and for whom a physician has determined that a physician order for life-sustaining treatment is consistent with the individual's goals of care; (5) "Physician" means an individual who is licensed to practice medicine or osteopathic medicine in this state; and (6) "Physician order for life-sustaining treatment" means a document containing orders by a physician regarding life-sustaining treatment and medical interventions in accordance with the wishes of a patient, or if the wishes of the patient are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the best interest of the patient. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) (A) "Healthcare facility" means an institution, building, agency, or a portion of an institution, building, or agency that is used, operated, or designed to provide healthcare services, medical treatment, nursing care, rehabilitative care, or preventative care to an individual, regardless of whether the institution, building, or agency is a private organization, a public organization, a nonprofit organization, or a for-profit organization. (B) "Healthcare facility" includes without limitation: (i) An ambulatory surgical facility; (ii) A home health agency; (iii) A hospice; (iv) A hospital; (v) An infirmary; (vi) A long-term care facility; (vii) An assisted living facility; (viii) A mental health center; (ix) An outpatient facility; (x) A rehabilitation facility; and (xi) A residential treatment facility;

(A) "Healthcare facility" means an institution, building, agency, or a portion of an institution, building, or agency that is used, operated, or designed to provide healthcare services, medical treatment, nursing care, rehabilitative care, or preventative care to an individual, regardless of whether the institution, building, or agency is a private organization, a public organization, a nonprofit organization, or a for-profit organization.

(B) "Healthcare facility" includes without limitation: (i) An ambulatory surgical facility; (ii) A home health agency; (iii) A hospice; (iv) A hospital; (v) An infirmary; (vi) A long-term care facility; (vii) An assisted living facility; (viii) A mental health center; (ix) An outpatient facility; (x) A rehabilitation facility; and (xi) A residential treatment facility;

(i) An ambulatory surgical facility;

(ii) A home health agency;

(iii) A hospice;

(iv) A hospital;

(v) An infirmary;

(vi) A long-term care facility;

(vii) An assisted living facility;

(viii) A mental health center;

(ix) An outpatient facility;

(x) A rehabilitation facility; and

(xi) A residential treatment facility;

(2) "Healthcare provider" means an individual who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or in the practice of a profession, including without limitation: (A) An emergency medical care provider; and (B) An individual providing home and community-based services;

(A) An emergency medical care provider; and

(B) An individual providing home and community-based services;

(3) "Legal representative" means the same as a person authorized to consent on the principal's behalf under § 20-6-102 ;

(4) "Patient" means an individual who has a critical medical condition or a terminal illness and for whom a physician has determined that a physician order for life-sustaining treatment is consistent with the individual's goals of care;

(5) "Physician" means an individual who is licensed to practice medicine or osteopathic medicine in this state; and

(6) "Physician order for life-sustaining treatment" means a document containing orders by a physician regarding life-sustaining treatment and medical interventions in accordance with the wishes of a patient, or if the wishes of the patient are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the best interest of the patient.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-77-149 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-149
Coverage for screening for behavioral health conditions and for behavioral health services
Status: in_force

(a) The Arkansas Medicaid Program shall reimburse for screening for behavioral health conditions and behavioral health services provided in: (1) A hospital outpatient clinic; or (2) A physician clinic. (b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authority necessary to implement this section. (c) Screening for behavioral health conditions and behavioral health services as described in subsection (a) of this section may be provided via telemedicine and reimbursed by the Arkansas Medicaid Program as required under § 20-77-141 . (d) Any prior authorization required for screening for behavioral health conditions and behavioral health services in another setting shall apply to screening for behavioral health conditions and behavioral health services provided as described in subsection (a) of this section. Added by Act 2023, No. 494,§ 1, eff. 8/1/2023.

(a) The Arkansas Medicaid Program shall reimburse for screening for behavioral health conditions and behavioral health services provided in: (1) A hospital outpatient clinic; or (2) A physician clinic.

(1) A hospital outpatient clinic; or

(2) A physician clinic.

(b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authority necessary to implement this section.

(c) Screening for behavioral health conditions and behavioral health services as described in subsection (a) of this section may be provided via telemedicine and reimbursed by the Arkansas Medicaid Program as required under § 20-77-141 .

(d) Any prior authorization required for screening for behavioral health conditions and behavioral health services in another setting shall apply to screening for behavioral health conditions and behavioral health services provided as described in subsection (a) of this section.

Added by Act 2023, No. 494,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-61-301 — AR Code / Title 20 / Chapter 61 / Subchapter 3 / Section 20-61-301
Penalty - Injunction
Status: in_force

(a) Any person who knowingly violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500) for the second and subsequent offenses. (b) Nothing in this subchapter shall be construed as requiring the Director of the Arkansas Bureau of Standards to report for prosecution or for the institution of libel or injunction proceedings any minor violations of this subchapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning. (c) (1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. (2) Before the director reports a violation for prosecution, an opportunity shall be given the affected person to present his or her views to the director. (d) (1) The director is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law. (2) The injunction shall be issued without bond. Amended by Act 2019, No. 315,§ 2224, eff. 7/24/2019. Acts 1981, No. 77, § 4; A.S.A. 1947, § 82-995.4; Acts 2005, No. 1994, § 137.

(a) Any person who knowingly violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500) for the second and subsequent offenses.

(b) Nothing in this subchapter shall be construed as requiring the Director of the Arkansas Bureau of Standards to report for prosecution or for the institution of libel or injunction proceedings any minor violations of this subchapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.

(c) (1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. (2) Before the director reports a violation for prosecution, an opportunity shall be given the affected person to present his or her views to the director.

(1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(2) Before the director reports a violation for prosecution, an opportunity shall be given the affected person to present his or her views to the director.

(d) (1) The director is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law. (2) The injunction shall be issued without bond.

(1) The director is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law.

(2) The injunction shall be issued without bond.

Amended by Act 2019, No. 315,§ 2224, eff. 7/24/2019.

Acts 1981, No. 77, § 4; A.S.A. 1947, § 82-995.4; Acts 2005, No. 1994, § 137.
Ark. Code Ann. § 20-61-204 — AR Code / Title 20 / Chapter 61 / Subchapter 2 / Section 20-61-204
Administration of subchapter by Director of the Arkansas Bureau of Standards
Status: in_force

This subchapter shall be administered by the Director of the Arkansas Bureau of Standards. Acts 1975 (Extended Sess., 1976), No. 1209, § 2; A.S.A. 1947, § 82-988; reen. Acts 1987, No. 1005, § 2.

This subchapter shall be administered by the Director of the Arkansas Bureau of Standards.

Acts 1975 (Extended Sess., 1976), No. 1209, § 2; A.S.A. 1947, § 82-988; reen. Acts 1987, No. 1005, § 2.
Ark. Code Ann. § 20-8-402 — AR Code / Title 20 / Chapter 8 / Subchapter 4 / Section 20-8-402
Program creation and administration
Status: in_force

(a) (1) The Director of the Arkansas Center for Health Improvement shall establish and maintain a program to access health data to be known as the "Arkansas Health Data Initiative". (2) The initiative shall be administered and maintained within the the Arkansas Center for Health Improvement. (b) The purpose of the initiative is to serve as an access point for studies concerning state and federal health information and to inform and support Arkansas health policy officials. (c) Policy development and access to data under the initiative is contingent upon the availability of funding to support projects under the initiative. Acts 2003, No. 1035, § 2.

(a) (1) The Director of the Arkansas Center for Health Improvement shall establish and maintain a program to access health data to be known as the "Arkansas Health Data Initiative". (2) The initiative shall be administered and maintained within the the Arkansas Center for Health Improvement.

(1) The Director of the Arkansas Center for Health Improvement shall establish and maintain a program to access health data to be known as the "Arkansas Health Data Initiative".

(2) The initiative shall be administered and maintained within the the Arkansas Center for Health Improvement.

(b) The purpose of the initiative is to serve as an access point for studies concerning state and federal health information and to inform and support Arkansas health policy officials.

(c) Policy development and access to data under the initiative is contingent upon the availability of funding to support projects under the initiative.

Acts 2003, No. 1035, § 2.
Ark. Code Ann. § 20-13-605 — AR Code / Title 20 / Chapter 13 / Subchapter 6 / Section 20-13-605
Authority of certificate holder
Status: in_force

(a) A certificate issued pursuant to this subchapter shall authorize the holder thereof to receive upon presentation of the certificate, from any physician, a prescription for premeasured doses of atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents, and the necessary paraphernalia for administration. (b) The certificate shall also authorize the holder thereof to possess and administer, in an emergency situation when a physician is not immediately available, the prescribed atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents, to persons suffering a severe adverse reaction to nerve agents. (c) The holder may administer atropine/pralidoxime, or other drugs as approved by the State Health Officer, for the treatment of symptoms caused by exposure to nerve agents. Acts 1991, No. 270, § 5.

(a) A certificate issued pursuant to this subchapter shall authorize the holder thereof to receive upon presentation of the certificate, from any physician, a prescription for premeasured doses of atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents, and the necessary paraphernalia for administration.

(b) The certificate shall also authorize the holder thereof to possess and administer, in an emergency situation when a physician is not immediately available, the prescribed atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents, to persons suffering a severe adverse reaction to nerve agents.

(c) The holder may administer atropine/pralidoxime, or other drugs as approved by the State Health Officer, for the treatment of symptoms caused by exposure to nerve agents.

Acts 1991, No. 270, § 5.
Ark. Code Ann. § 20-20-225 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-225
Disposition of funds
Status: in_force

All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted pursuant to this subchapter shall be deposited into the Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2000, eff. 7/24/2019. Acts 1975, No. 389, § 25; A.S.A. 1947, § 77-275.

All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted pursuant to this subchapter shall be deposited into the Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2000, eff. 7/24/2019.

Acts 1975, No. 389, § 25; A.S.A. 1947, § 77-275.
Ark. Code Ann. § 20-48-201 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Intellectual and Developmental Disabilities Act". Amended by Act 2019, No. 1035,§ 19, eff. 7/24/2019. Acts 1969, No. 265, § 1; A.S.A. 1947, § 59-1001.

This subchapter shall be known and may be cited as the "Arkansas Intellectual and Developmental Disabilities Act".

Amended by Act 2019, No. 1035,§ 19, eff. 7/24/2019.

Acts 1969, No. 265, § 1; A.S.A. 1947, § 59-1001.
Ark. Code Ann. § 20-24-109 — AR Code / Title 20 / Chapter 24 / Section 20-24-109
Application and examination for licenses - Issuance and renewal
Status: in_force

(a) (1) A written application for the examination and license for elevator inspector, elevator mechanic, or elevator contractor shall be made upon a form to be supplied by the Elevator Safety Board upon request and shall be accompanied by a statement of the applicant's experience together with an examination fee not to exceed one hundred fifty dollars ($150). (2) The examination shall be given not more than six (6) months from the date when the applicant makes the application. (3) (A) If the applicant is qualified and successfully passes the applicable examination specified in this section, then upon payment of a license fee, he or she shall be entitled to: (i) A one-year license as an elevator inspector or elevator contractor; or (ii) A two-year license as an elevator mechanic. (B) The license fee and the license renewal fee shall be established by the board, but in no event shall either fee exceed one thousand dollars ($1,000). (4) (A) There shall be no limit to the number of times an applicant may seek a license as provided in this section, except that a rejected applicant may not make application within six (6) months from the date on which he or she is notified that he or she has failed to qualify. (B) A license fee shall be paid for the initial examination and each subsequent examination. (b) The board may license a person as an elevator inspector, elevator mechanic, or elevator contractor without examination if he or she holds an equivalent license for a state or city that has a standard of examination substantially equal to that provided for in § 20-24-108 . (c) The board shall renew a license after receiving: (1) Payment of the license renewal fee; and (2) Submission of proof that the licensee has satisfied the continuing education requirements established by rule of the board. (d) (1) Whenever an emergency exists and the board determines that there are not enough licensed elevator mechanics to perform the work necessary to provide for the safety of life, limb, and property and to protect the public welfare, the board may waive the requirements of this chapter and issue an emergency elevator mechanic license that may be valid for no longer than thirty (30) days. (2) Whenever the board determines that there are not enough licensed elevator mechanics available to perform work necessary for the completion of a project for which the Division of Occupational and Professional Licensing Boards and Commissions has issued a permit under § 20-24-115(d) , the board may waive the requirements of this chapter and issue a temporary elevator mechanic license that may be valid for no longer than thirty (30) days. (3) The board may renew an emergency or temporary license if the circumstances justifying its original issuance continue. Amended by Act 2019, No. 315,§ 2073, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5474, eff. 7/1/2019. Amended by Act 2015, No. 1157,§ 1, eff. 7/22/2015. Acts 1963, No. 189, § 11; 1977, No. 539, § 6; 1983, No. 284, § 6; A.S.A. 1947, § 82-1811; Acts 1991, No. 1063, § 4; 2005, No. 1813, § 4.

(a) (1) A written application for the examination and license for elevator inspector, elevator mechanic, or elevator contractor shall be made upon a form to be supplied by the Elevator Safety Board upon request and shall be accompanied by a statement of the applicant's experience together with an examination fee not to exceed one hundred fifty dollars ($150). (2) The examination shall be given not more than six (6) months from the date when the applicant makes the application. (3) (A) If the applicant is qualified and successfully passes the applicable examination specified in this section, then upon payment of a license fee, he or she shall be entitled to: (i) A one-year license as an elevator inspector or elevator contractor; or (ii) A two-year license as an elevator mechanic. (B) The license fee and the license renewal fee shall be established by the board, but in no event shall either fee exceed one thousand dollars ($1,000). (4) (A) There shall be no limit to the number of times an applicant may seek a license as provided in this section, except that a rejected applicant may not make application within six (6) months from the date on which he or she is notified that he or she has failed to qualify. (B) A license fee shall be paid for the initial examination and each subsequent examination.

(1) A written application for the examination and license for elevator inspector, elevator mechanic, or elevator contractor shall be made upon a form to be supplied by the Elevator Safety Board upon request and shall be accompanied by a statement of the applicant's experience together with an examination fee not to exceed one hundred fifty dollars ($150).

(2) The examination shall be given not more than six (6) months from the date when the applicant makes the application.

(3) (A) If the applicant is qualified and successfully passes the applicable examination specified in this section, then upon payment of a license fee, he or she shall be entitled to: (i) A one-year license as an elevator inspector or elevator contractor; or (ii) A two-year license as an elevator mechanic. (B) The license fee and the license renewal fee shall be established by the board, but in no event shall either fee exceed one thousand dollars ($1,000).

(A) If the applicant is qualified and successfully passes the applicable examination specified in this section, then upon payment of a license fee, he or she shall be entitled to: (i) A one-year license as an elevator inspector or elevator contractor; or (ii) A two-year license as an elevator mechanic.

(i) A one-year license as an elevator inspector or elevator contractor; or

(ii) A two-year license as an elevator mechanic.

(B) The license fee and the license renewal fee shall be established by the board, but in no event shall either fee exceed one thousand dollars ($1,000).

(4) (A) There shall be no limit to the number of times an applicant may seek a license as provided in this section, except that a rejected applicant may not make application within six (6) months from the date on which he or she is notified that he or she has failed to qualify. (B) A license fee shall be paid for the initial examination and each subsequent examination.

(A) There shall be no limit to the number of times an applicant may seek a license as provided in this section, except that a rejected applicant may not make application within six (6) months from the date on which he or she is notified that he or she has failed to qualify.

(B) A license fee shall be paid for the initial examination and each subsequent examination.

(b) The board may license a person as an elevator inspector, elevator mechanic, or elevator contractor without examination if he or she holds an equivalent license for a state or city that has a standard of examination substantially equal to that provided for in § 20-24-108 .

(c) The board shall renew a license after receiving: (1) Payment of the license renewal fee; and (2) Submission of proof that the licensee has satisfied the continuing education requirements established by rule of the board.

(1) Payment of the license renewal fee; and

(2) Submission of proof that the licensee has satisfied the continuing education requirements established by rule of the board.

(d) (1) Whenever an emergency exists and the board determines that there are not enough licensed elevator mechanics to perform the work necessary to provide for the safety of life, limb, and property and to protect the public welfare, the board may waive the requirements of this chapter and issue an emergency elevator mechanic license that may be valid for no longer than thirty (30) days. (2) Whenever the board determines that there are not enough licensed elevator mechanics available to perform work necessary for the completion of a project for which the Division of Occupational and Professional Licensing Boards and Commissions has issued a permit under § 20-24-115(d) , the board may waive the requirements of this chapter and issue a temporary elevator mechanic license that may be valid for no longer than thirty (30) days. (3) The board may renew an emergency or temporary license if the circumstances justifying its original issuance continue.

(1) Whenever an emergency exists and the board determines that there are not enough licensed elevator mechanics to perform the work necessary to provide for the safety of life, limb, and property and to protect the public welfare, the board may waive the requirements of this chapter and issue an emergency elevator mechanic license that may be valid for no longer than thirty (30) days.

(2) Whenever the board determines that there are not enough licensed elevator mechanics available to perform work necessary for the completion of a project for which the Division of Occupational and Professional Licensing Boards and Commissions has issued a permit under § 20-24-115(d) , the board may waive the requirements of this chapter and issue a temporary elevator mechanic license that may be valid for no longer than thirty (30) days.

(3) The board may renew an emergency or temporary license if the circumstances justifying its original issuance continue.

Amended by Act 2019, No. 315,§ 2073, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5474, eff. 7/1/2019.

Amended by Act 2015, No. 1157,§ 1, eff. 7/22/2015.

Acts 1963, No. 189, § 11; 1977, No. 539, § 6; 1983, No. 284, § 6; A.S.A. 1947, § 82-1811; Acts 1991, No. 1063, § 4; 2005, No. 1813, § 4.
Ark. Code Ann. § 20-27-1809 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1809
Penalties
Status: in_force

Any person who violates any provision of this subchapter is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Acts 2006 (1st Ex. Sess.), No. 8, § 1.

Any person who violates any provision of this subchapter is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-77-1509 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1509
Community-based health cooperative deemed not to be public utility or regulated industry
Status: in_force

(a) (1) Community-based health cooperatives shall not be considered or regulated as any type of entity governed by Title 23 of the Arkansas Code. (2) No program offered by a community-based health cooperative shall be subject to regulation under Title 23 of the Arkansas Code. (b) An entity subject to regulation under Title 23 of the Arkansas Code that contracts with a community-based health cooperative to provide or to arrange for the provision of secondary or tertiary services to client members of a community-based healthcare access program may not be required to comply with any provision of Title 23 of the Arkansas Code that mandates the provision of certain benefits, mandates the provision of a certain level of benefits, or both, regarding client members of a program. The exemption from regulation under Title 23 of the Arkansas Code shall apply only to the entity's contracts with or services provided to the community-based health cooperative, and in all other instances, the entity is subject to the provisions of Title 23 of the Arkansas Code. Acts 2003, No. 660, § 9.

(a) (1) Community-based health cooperatives shall not be considered or regulated as any type of entity governed by Title 23 of the Arkansas Code. (2) No program offered by a community-based health cooperative shall be subject to regulation under Title 23 of the Arkansas Code.

(1) Community-based health cooperatives shall not be considered or regulated as any type of entity governed by Title 23 of the Arkansas Code.

(2) No program offered by a community-based health cooperative shall be subject to regulation under Title 23 of the Arkansas Code.

(b) An entity subject to regulation under Title 23 of the Arkansas Code that contracts with a community-based health cooperative to provide or to arrange for the provision of secondary or tertiary services to client members of a community-based healthcare access program may not be required to comply with any provision of Title 23 of the Arkansas Code that mandates the provision of certain benefits, mandates the provision of a certain level of benefits, or both, regarding client members of a program. The exemption from regulation under Title 23 of the Arkansas Code shall apply only to the entity's contracts with or services provided to the community-based health cooperative, and in all other instances, the entity is subject to the provisions of Title 23 of the Arkansas Code.

Acts 2003, No. 660, § 9.
Ark. Code Ann. § 20-16-1406 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1406
Reporting
Status: in_force

(a) (1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department. (2) The report required under subdivision (a)(1) of this section shall include without limitation: (A) Whether a determination of probable post-fertilization age was made, the probable post-fertilization age of the unborn child determined, and the method and basis of the determination; (B) If a determination of probable post-fertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed; (C) If the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the immediate abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions; (D) The method used for the abortion; and (E) If an abortion was performed when the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks: (i) Whether the method used was one that in reasonable medical judgment provided the best opportunity for the unborn child to survive; or (ii) If such a method under subdivision (a)(2)(E)(i) of this section was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods. (b) (1) By June 30 of each year the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted under this section for each of the items listed in subsection (a) of this section. (2) Each report also shall provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. (3) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or induced or attempted to be performed or induced. (c) (1) A physician who fails to submit a report by the end of thirty (30) days after the date the report is due shall be subject to a late fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period the report is overdue. (2) A physician required to report in accordance with this subchapter who has not submitted a report or has submitted only an incomplete report more than one (1) year following the date the report is due, in an action brought in the manner in which actions are brought by the department, may be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to civil contempt. (d) (1) Purposeful, knowing, or reckless failure by a physician to conform to any requirement of this section, other than late filing of a report, constitutes unprofessional conduct under § 17-95-409 . (2) Purposeful, knowing, or reckless failure by a physician to submit a complete report in accordance with a court order constitutes unprofessional conduct under § 17-95-409 . (3) Purposeful, knowing, or reckless falsification of any report required under this section is a Class C misdemeanor. (e) Within ninety (90) days after the effective date of this subchapter, the department shall adopt rules to assist in compliance with this section, and subdivision (a)(1) of this section shall take effect so as to require reports regarding all abortions performed or induced on or after the first day of the first calendar month following the effective date of such rules. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

(a) (1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department. (2) The report required under subdivision (a)(1) of this section shall include without limitation: (A) Whether a determination of probable post-fertilization age was made, the probable post-fertilization age of the unborn child determined, and the method and basis of the determination; (B) If a determination of probable post-fertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed; (C) If the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the immediate abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions; (D) The method used for the abortion; and (E) If an abortion was performed when the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks: (i) Whether the method used was one that in reasonable medical judgment provided the best opportunity for the unborn child to survive; or (ii) If such a method under subdivision (a)(2)(E)(i) of this section was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.

(1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department.

(2) The report required under subdivision (a)(1) of this section shall include without limitation: (A) Whether a determination of probable post-fertilization age was made, the probable post-fertilization age of the unborn child determined, and the method and basis of the determination; (B) If a determination of probable post-fertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed; (C) If the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the immediate abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions; (D) The method used for the abortion; and (E) If an abortion was performed when the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks: (i) Whether the method used was one that in reasonable medical judgment provided the best opportunity for the unborn child to survive; or (ii) If such a method under subdivision (a)(2)(E)(i) of this section was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.

(A) Whether a determination of probable post-fertilization age was made, the probable post-fertilization age of the unborn child determined, and the method and basis of the determination;

(B) If a determination of probable post-fertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed;

(C) If the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the immediate abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions;

(D) The method used for the abortion; and

(E) If an abortion was performed when the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks: (i) Whether the method used was one that in reasonable medical judgment provided the best opportunity for the unborn child to survive; or (ii) If such a method under subdivision (a)(2)(E)(i) of this section was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.

(i) Whether the method used was one that in reasonable medical judgment provided the best opportunity for the unborn child to survive; or

(ii) If such a method under subdivision (a)(2)(E)(i) of this section was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.

(b) (1) By June 30 of each year the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted under this section for each of the items listed in subsection (a) of this section. (2) Each report also shall provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. (3) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or induced or attempted to be performed or induced.

(1) By June 30 of each year the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted under this section for each of the items listed in subsection (a) of this section.

(2) Each report also shall provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports.

(3) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or induced or attempted to be performed or induced.

(c) (1) A physician who fails to submit a report by the end of thirty (30) days after the date the report is due shall be subject to a late fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period the report is overdue. (2) A physician required to report in accordance with this subchapter who has not submitted a report or has submitted only an incomplete report more than one (1) year following the date the report is due, in an action brought in the manner in which actions are brought by the department, may be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to civil contempt.

(1) A physician who fails to submit a report by the end of thirty (30) days after the date the report is due shall be subject to a late fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period the report is overdue.

(2) A physician required to report in accordance with this subchapter who has not submitted a report or has submitted only an incomplete report more than one (1) year following the date the report is due, in an action brought in the manner in which actions are brought by the department, may be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to civil contempt.

(d) (1) Purposeful, knowing, or reckless failure by a physician to conform to any requirement of this section, other than late filing of a report, constitutes unprofessional conduct under § 17-95-409 . (2) Purposeful, knowing, or reckless failure by a physician to submit a complete report in accordance with a court order constitutes unprofessional conduct under § 17-95-409 . (3) Purposeful, knowing, or reckless falsification of any report required under this section is a Class C misdemeanor.

(1) Purposeful, knowing, or reckless failure by a physician to conform to any requirement of this section, other than late filing of a report, constitutes unprofessional conduct under § 17-95-409 .

(2) Purposeful, knowing, or reckless failure by a physician to submit a complete report in accordance with a court order constitutes unprofessional conduct under § 17-95-409 .

(3) Purposeful, knowing, or reckless falsification of any report required under this section is a Class C misdemeanor.

(e) Within ninety (90) days after the effective date of this subchapter, the department shall adopt rules to assist in compliance with this section, and subdivision (a)(1) of this section shall take effect so as to require reports regarding all abortions performed or induced on or after the first day of the first calendar month following the effective date of such rules.

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-49-202 — AR Code / Title 20 / Chapter 49 / Subchapter 2 / Section 20-49-202
Petition
Status: in_force

(a) A guardian, in the case of an adult who is an alleged incompetent person, or a parent or guardian, in the case of a minor who is an alleged incompetent person, may petition the court for the sterilization, under this chapter, of an alleged incompetent. (b) The petition shall state and allege the following: (1) The name, age, sex, residence, and post office address of the alleged incompetent person; (2) The name, residence, and post office address of any guardians of the person who is an alleged incompetent person; (3) The names and addresses, so far as known or can reasonably be ascertained, of the persons most closely related to the alleged incompetent by blood or marriage; (4) The name and address of any person or institution having the care and custody of the alleged incompetent person; and (5) That the alleged incompetent person is incompetent, as defined in § 20-49-101(3) . Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

(a) A guardian, in the case of an adult who is an alleged incompetent person, or a parent or guardian, in the case of a minor who is an alleged incompetent person, may petition the court for the sterilization, under this chapter, of an alleged incompetent.

(b) The petition shall state and allege the following: (1) The name, age, sex, residence, and post office address of the alleged incompetent person; (2) The name, residence, and post office address of any guardians of the person who is an alleged incompetent person; (3) The names and addresses, so far as known or can reasonably be ascertained, of the persons most closely related to the alleged incompetent by blood or marriage; (4) The name and address of any person or institution having the care and custody of the alleged incompetent person; and (5) That the alleged incompetent person is incompetent, as defined in § 20-49-101(3) .

(1) The name, age, sex, residence, and post office address of the alleged incompetent person;

(2) The name, residence, and post office address of any guardians of the person who is an alleged incompetent person;

(3) The names and addresses, so far as known or can reasonably be ascertained, of the persons most closely related to the alleged incompetent by blood or marriage;

(4) The name and address of any person or institution having the care and custody of the alleged incompetent person; and

(5) That the alleged incompetent person is incompetent, as defined in § 20-49-101(3) .

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-77-1801 — AR Code / Title 20 / Chapter 77 / Subchapter 18 / Section 20-77-1801
Findings
Status: in_force

The General Assembly finds that in order to alleviate the financial burden on the state's Medicaid program, the state must encourage better access to and utilization of affordable long-term care insurance that will pay for some or all of the cost of long-term care services. Acts 2007, No. 99, § 1.

The General Assembly finds that in order to alleviate the financial burden on the state's Medicaid program, the state must encourage better access to and utilization of affordable long-term care insurance that will pay for some or all of the cost of long-term care services.

Acts 2007, No. 99, § 1.
Ark. Code Ann. § 20-15-2106 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2106
Costs - Definition
Status: in_force

(a) A manufacturer of an investigational drug, biological product, or device may: (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; or (2) (A) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product, or device. (B) As used in this section, "costs associated with the manufacture of the investigational drug, biological product, or device" means the actual out-of-pocket costs incurred in providing the investigational drug, biological product, or device to the patient in the specific case. (b) If a patient dies while being treated by an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt to the manufacturer related to the investigational drug, biological product, or device. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

(a) A manufacturer of an investigational drug, biological product, or device may: (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; or (2) (A) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product, or device. (B) As used in this section, "costs associated with the manufacture of the investigational drug, biological product, or device" means the actual out-of-pocket costs incurred in providing the investigational drug, biological product, or device to the patient in the specific case.

(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; or

(2) (A) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product, or device. (B) As used in this section, "costs associated with the manufacture of the investigational drug, biological product, or device" means the actual out-of-pocket costs incurred in providing the investigational drug, biological product, or device to the patient in the specific case.

(A) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product, or device.

(B) As used in this section, "costs associated with the manufacture of the investigational drug, biological product, or device" means the actual out-of-pocket costs incurred in providing the investigational drug, biological product, or device to the patient in the specific case.

(b) If a patient dies while being treated by an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt to the manufacturer related to the investigational drug, biological product, or device.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-13-508 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-508
Designation of personnel
Status: in_force

(a) Each permanent component within the PC-DI-TL services system shall designate those persons within the component department who shall have responsibility for implementing and developing this toxicology services system, and each shall provide written notice of the designations to the Secretary of the Department of Health. (b) The persons so designated shall be qualified by education, training, and experience to ensure the effectiveness of this subchapter. Amended by Act 2019, No. 910,§ 4986, eff. 7/1/2019. Acts 1975, No. 600, § 6; A.S.A. 1947, § 82-3506.

(a) Each permanent component within the PC-DI-TL services system shall designate those persons within the component department who shall have responsibility for implementing and developing this toxicology services system, and each shall provide written notice of the designations to the Secretary of the Department of Health.

(b) The persons so designated shall be qualified by education, training, and experience to ensure the effectiveness of this subchapter.

Amended by Act 2019, No. 910,§ 4986, eff. 7/1/2019.

Acts 1975, No. 600, § 6; A.S.A. 1947, § 82-3506.
Ark. Code Ann. § 20-37-104 — AR Code / Title 20 / Chapter 37 / Section 20-37-104
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015. Acts 2003, No. 1816, § 1.

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.

Acts 2003, No. 1816, § 1.
Ark. Code Ann. § 20-21-308 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-308
Licensing and registration - Regulation by State Electronic Product Control Agency
Status: in_force

(a) The State Electronic Product Control Agency may: (1) Require registration or licensing for the manufacture, distribution, installation, repair, and use of electronic products or component parts of such products and for which rules have been promulgated as specified in § 20-21-306(d)(2) ; and (2) Exempt certain electronic products from the licensing or registration requirements set forth in this section when the agency makes a determination that the exemption of the electronic products or kinds of uses or users of the products will not constitute a significant risk to the health and safety of the public. (b) Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses as the agency may deem desirable, subject to such registration requirements as the agency may prescribe. Amended by Act 2019, No. 315,§ 2033, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2032, eff. 7/24/2019. Acts 1969, No. 460, § 5; A.S.A. 1947, § 82-1532.

(a) The State Electronic Product Control Agency may: (1) Require registration or licensing for the manufacture, distribution, installation, repair, and use of electronic products or component parts of such products and for which rules have been promulgated as specified in § 20-21-306(d)(2) ; and (2) Exempt certain electronic products from the licensing or registration requirements set forth in this section when the agency makes a determination that the exemption of the electronic products or kinds of uses or users of the products will not constitute a significant risk to the health and safety of the public.

(1) Require registration or licensing for the manufacture, distribution, installation, repair, and use of electronic products or component parts of such products and for which rules have been promulgated as specified in § 20-21-306(d)(2) ; and

(2) Exempt certain electronic products from the licensing or registration requirements set forth in this section when the agency makes a determination that the exemption of the electronic products or kinds of uses or users of the products will not constitute a significant risk to the health and safety of the public.

(b) Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses as the agency may deem desirable, subject to such registration requirements as the agency may prescribe.

Amended by Act 2019, No. 315,§ 2033, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2032, eff. 7/24/2019.

Acts 1969, No. 460, § 5; A.S.A. 1947, § 82-1532.
Ark. Code Ann. § 20-76-210 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-210
Payment of certain contributions and withholdings - Certain nursing home care projects
Status: in_force

(a) The appropriate division of the Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Act, the Workers' Compensation Law, § 11-9-101 et seq., and the Division of Workforce Services Law, § 11-10-101 et seq., in all cases wherein the homemaker and home health aid trainee is participating in the subsidized employment project to prevent premature nursing home care. (b) The appropriate division shall report, pay, or contribute the amounts from the appropriation for paying grants under this project. (c) Beneficiaries or trainees under this program shall not be eligible to participate in the Arkansas Public Employees' Retirement System but shall be entitled to receive sick and vacation leave as provided for state employees. Amended by Act 2019, No. 910,§ 510, eff. 7/1/2019. Acts 1985, No. 649, § 37; A.S.A. 1947, § 83-102.3.

(a) The appropriate division of the Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Act, the Workers' Compensation Law, § 11-9-101 et seq., and the Division of Workforce Services Law, § 11-10-101 et seq., in all cases wherein the homemaker and home health aid trainee is participating in the subsidized employment project to prevent premature nursing home care.

(b) The appropriate division shall report, pay, or contribute the amounts from the appropriation for paying grants under this project.

(c) Beneficiaries or trainees under this program shall not be eligible to participate in the Arkansas Public Employees' Retirement System but shall be entitled to receive sick and vacation leave as provided for state employees.

Amended by Act 2019, No. 910,§ 510, eff. 7/1/2019.

Acts 1985, No. 649, § 37; A.S.A. 1947, § 83-102.3.
Ark. Code Ann. § 20-13-503 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-503
Definitions
Status: in_force

As used in this subchapter: (1) "Category I response" within the toxicology laboratory component means a response delivered within six (6) hours after receipt of the sample to be identified; (2) "Category II response" within the toxicology laboratory component means a response delivered within twelve (12) hours after receipt of the sample to be identified; (3) "Emergency request" means a request for emergency assistance initiated by any licensed Arkansas medical or allied health professional when life-jeopardizing circumstances require PC-DI-TL services to effectuate treatment; (4) "Emergency sample" means any sample, nonroutine in nature, submitted to the toxicology laboratories for analysis as a necessary clinical adjunct to emergency patient treatment; (5) "Information retrieval" within the PC-DI-TL context means a system which includes, but is not limited to: (A) DEC-10 UAMS-Pharmacy computer terminal directly interfaced with the computer facility of the University of Arkansas for Medical Sciences facility containing six thousand (6,000) listings of the most commonly contacted poisons; (B) A UAMS-Pharmacy microfiche system containing seventy-six thousand (76,000) listings of different products and management information together with extensive product identification information; (C) A UAMS-Pharmacy "Tox-file", a compilation of commercial products published by the National Clearinghouse for Poison Control Centers; (D) A classic, widely accepted UAMS-Pharmacy resource reference, Gleason, Gosselin, & Hodge, Clinical Toxicology of Commercial Products; (E) UAMS-Pharmacy toxicity and overdosage manuals provided by national pharmaceutical firms; (F) UAMS-Pharmacy resource toxicological library treating all subject matter for less common toxic materials, chemicals, and plants; (G) UAMS-Pharmacy direct contact with medical directors of pharmaceutical manufacturing companies; (H) UAMS-Library "MEDLINE" and "TOXLINE" computer database systems embracing bibliographic references to medical toxicological literature; (I) UAMS-Library manual literature search, a trained searcher's use of library bibliographic sources such as indices, abstracts, and bibliographies to provide information requested; (J) UAMS-Library drug reference search, a trained searcher's use of library drug lists, compendia, and other books to locate factual information of a drug, food, or other chemical substance; and (K) UAMS-Library, de Haen, Drugs in Use, excerpted data from published literature on clinical use of a drug showing scope of study, drug used, dosage, concomitant therapy, disease condition, incidence or absence of adverse reactions, and description of effectiveness. This information is available on approximately two thousand (2,000) drugs; (6) "Medical or allied health professional" means a licensed physician, nurse, pharmacist, dentist, psychologist, veterinarian, hospital administrator, hospital chemist, technician, or institutional chemist; (7) "PC-DI-TL services system" means the Poison Control-Drug Information-Toxicological Laboratory Services Unitary System with three (3) definite and permanent components: UAMS-Pharmacy, UAMS-Library, and the Chemistry Branch of the public health laboratory of the Department of Health; (8) "Toxicology laboratory services" means those services provided the PC-DI-TL services system by the Chemistry Branch of the public health laboratory of the Department of Health, which is that permanent component within the PC-DI-TL services system charged with toxicology laboratory services responsibility; (9) "UAMS-Library" means the Library of the University of Arkansas for Medical Sciences, which is that permanent component within the unitary system charged with nonemergency poison and drug information responsibility; and (10) "UAMS-Pharmacy" means the Department of Pharmacology and Toxicology of the College of Medicine of the University of Arkansas for Medical Sciences, which is that permanent component within the unitary system charged with emergency poison and drug information responsibility. Amended by Act 2019, No. 910,§ 4981, eff. 7/1/2019. Amended by Act 2019, No. 389,§ 24, eff. 7/24/2019. Amended by Act 2017, No. 264,§ 1, eff. 8/1/2017. Acts 1975, No. 600, § 3; A.S.A. 1947, § 82-3503.

As used in this subchapter:

(1) "Category I response" within the toxicology laboratory component means a response delivered within six (6) hours after receipt of the sample to be identified;

(2) "Category II response" within the toxicology laboratory component means a response delivered within twelve (12) hours after receipt of the sample to be identified;

(3) "Emergency request" means a request for emergency assistance initiated by any licensed Arkansas medical or allied health professional when life-jeopardizing circumstances require PC-DI-TL services to effectuate treatment;

(4) "Emergency sample" means any sample, nonroutine in nature, submitted to the toxicology laboratories for analysis as a necessary clinical adjunct to emergency patient treatment;

(5) "Information retrieval" within the PC-DI-TL context means a system which includes, but is not limited to: (A) DEC-10 UAMS-Pharmacy computer terminal directly interfaced with the computer facility of the University of Arkansas for Medical Sciences facility containing six thousand (6,000) listings of the most commonly contacted poisons; (B) A UAMS-Pharmacy microfiche system containing seventy-six thousand (76,000) listings of different products and management information together with extensive product identification information; (C) A UAMS-Pharmacy "Tox-file", a compilation of commercial products published by the National Clearinghouse for Poison Control Centers; (D) A classic, widely accepted UAMS-Pharmacy resource reference, Gleason, Gosselin, & Hodge, Clinical Toxicology of Commercial Products; (E) UAMS-Pharmacy toxicity and overdosage manuals provided by national pharmaceutical firms; (F) UAMS-Pharmacy resource toxicological library treating all subject matter for less common toxic materials, chemicals, and plants; (G) UAMS-Pharmacy direct contact with medical directors of pharmaceutical manufacturing companies; (H) UAMS-Library "MEDLINE" and "TOXLINE" computer database systems embracing bibliographic references to medical toxicological literature; (I) UAMS-Library manual literature search, a trained searcher's use of library bibliographic sources such as indices, abstracts, and bibliographies to provide information requested; (J) UAMS-Library drug reference search, a trained searcher's use of library drug lists, compendia, and other books to locate factual information of a drug, food, or other chemical substance; and (K) UAMS-Library, de Haen, Drugs in Use, excerpted data from published literature on clinical use of a drug showing scope of study, drug used, dosage, concomitant therapy, disease condition, incidence or absence of adverse reactions, and description of effectiveness. This information is available on approximately two thousand (2,000) drugs;

(A) DEC-10 UAMS-Pharmacy computer terminal directly interfaced with the computer facility of the University of Arkansas for Medical Sciences facility containing six thousand (6,000) listings of the most commonly contacted poisons;

(B) A UAMS-Pharmacy microfiche system containing seventy-six thousand (76,000) listings of different products and management information together with extensive product identification information;

(C) A UAMS-Pharmacy "Tox-file", a compilation of commercial products published by the National Clearinghouse for Poison Control Centers;

(D) A classic, widely accepted UAMS-Pharmacy resource reference, Gleason, Gosselin, & Hodge, Clinical Toxicology of Commercial Products;

(E) UAMS-Pharmacy toxicity and overdosage manuals provided by national pharmaceutical firms;

(F) UAMS-Pharmacy resource toxicological library treating all subject matter for less common toxic materials, chemicals, and plants;

(G) UAMS-Pharmacy direct contact with medical directors of pharmaceutical manufacturing companies;

(H) UAMS-Library "MEDLINE" and "TOXLINE" computer database systems embracing bibliographic references to medical toxicological literature;

(I) UAMS-Library manual literature search, a trained searcher's use of library bibliographic sources such as indices, abstracts, and bibliographies to provide information requested;

(J) UAMS-Library drug reference search, a trained searcher's use of library drug lists, compendia, and other books to locate factual information of a drug, food, or other chemical substance; and

(K) UAMS-Library, de Haen, Drugs in Use, excerpted data from published literature on clinical use of a drug showing scope of study, drug used, dosage, concomitant therapy, disease condition, incidence or absence of adverse reactions, and description of effectiveness. This information is available on approximately two thousand (2,000) drugs;

(6) "Medical or allied health professional" means a licensed physician, nurse, pharmacist, dentist, psychologist, veterinarian, hospital administrator, hospital chemist, technician, or institutional chemist;

(7) "PC-DI-TL services system" means the Poison Control-Drug Information-Toxicological Laboratory Services Unitary System with three (3) definite and permanent components: UAMS-Pharmacy, UAMS-Library, and the Chemistry Branch of the public health laboratory of the Department of Health;

(8) "Toxicology laboratory services" means those services provided the PC-DI-TL services system by the Chemistry Branch of the public health laboratory of the Department of Health, which is that permanent component within the PC-DI-TL services system charged with toxicology laboratory services responsibility;

(9) "UAMS-Library" means the Library of the University of Arkansas for Medical Sciences, which is that permanent component within the unitary system charged with nonemergency poison and drug information responsibility; and

(10) "UAMS-Pharmacy" means the Department of Pharmacology and Toxicology of the College of Medicine of the University of Arkansas for Medical Sciences, which is that permanent component within the unitary system charged with emergency poison and drug information responsibility.

Amended by Act 2019, No. 910,§ 4981, eff. 7/1/2019.

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

Amended by Act 2017, No. 264,§ 1, eff. 8/1/2017.

Acts 1975, No. 600, § 3; A.S.A. 1947, § 82-3503.
Ark. Code Ann. § 20-77-2802 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2802
Definitions
Status: in_force

As used in this subchapter: (1) "Air ambulance services" means services authorized and licensed by the Department of Health to provide care and air transportation of patients; (2) "Ambulance services" means services authorized and licensed by the department to provide care and transportation of patients upon the streets and highways of Arkansas; (3) "Emergency medical services" means: (A) The transportation and medical care provided an ill or injured person before arrival at a medical facility by licensed emergency medical services personnel or other healthcare provider; (B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of the medical facility; and (C) Integrated medical care in emergency and nonemergency settings with the oversight of a physician; (4) "Medical transportation" means emergency medical services and nonemergency ambulance services provided through ambulance services and air ambulance services; (5) "Medical transportation provider" means a licensed provider of emergency medical transportation, as defined by 42 C.F.R. § 433.56(a)(18) , as it existed on January 1, 2021; (6) "Net operating revenue" means the gross revenues earned for providing medical transportation in Arkansas, excluding amounts refunded to or recouped, offset, or otherwise deducted by a patient or payer for medical transportation; (7) (A) "Nonemergency ambulance services" means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are ill or injured and who are transported in a reclining position. (B) "Nonemergency ambulance services" does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients; (8) "Specialty-hospital-based ambulance services" means ambulance services provided by an acute care general hospital that limits healthcare services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation; (9) "Upper payment limit" means the lesser of the customary charges of the medical transportation provider or the prevailing charges in the locality of the medical transportation provider for comparable services under comparable circumstances, calculated according to methodology in an approved state plan amendment for the Arkansas Medicaid Program; and (10) (A) "Upper payment limit gap" means the difference between the upper payment limit of the medical transportation provider and the Medicaid payments not financed using medical transportation assessment made to all medical transportation providers. (B) "Upper payment limit gap" is calculated separately for ambulance services and air ambulance services. Amended by Act 2021, No. 444,§ 1, eff. 3/24/2021. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) "Air ambulance services" means services authorized and licensed by the Department of Health to provide care and air transportation of patients;

(2) "Ambulance services" means services authorized and licensed by the department to provide care and transportation of patients upon the streets and highways of Arkansas;

(3) "Emergency medical services" means: (A) The transportation and medical care provided an ill or injured person before arrival at a medical facility by licensed emergency medical services personnel or other healthcare provider; (B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of the medical facility; and (C) Integrated medical care in emergency and nonemergency settings with the oversight of a physician;

(A) The transportation and medical care provided an ill or injured person before arrival at a medical facility by licensed emergency medical services personnel or other healthcare provider;

(B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of the medical facility; and

(C) Integrated medical care in emergency and nonemergency settings with the oversight of a physician;

(4) "Medical transportation" means emergency medical services and nonemergency ambulance services provided through ambulance services and air ambulance services;

(5) "Medical transportation provider" means a licensed provider of emergency medical transportation, as defined by 42 C.F.R. § 433.56(a)(18) , as it existed on January 1, 2021;

(6) "Net operating revenue" means the gross revenues earned for providing medical transportation in Arkansas, excluding amounts refunded to or recouped, offset, or otherwise deducted by a patient or payer for medical transportation;

(7) (A) "Nonemergency ambulance services" means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are ill or injured and who are transported in a reclining position. (B) "Nonemergency ambulance services" does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients;

(A) "Nonemergency ambulance services" means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are ill or injured and who are transported in a reclining position.

(B) "Nonemergency ambulance services" does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients;

(8) "Specialty-hospital-based ambulance services" means ambulance services provided by an acute care general hospital that limits healthcare services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation;

(9) "Upper payment limit" means the lesser of the customary charges of the medical transportation provider or the prevailing charges in the locality of the medical transportation provider for comparable services under comparable circumstances, calculated according to methodology in an approved state plan amendment for the Arkansas Medicaid Program; and

(10) (A) "Upper payment limit gap" means the difference between the upper payment limit of the medical transportation provider and the Medicaid payments not financed using medical transportation assessment made to all medical transportation providers. (B) "Upper payment limit gap" is calculated separately for ambulance services and air ambulance services.

(A) "Upper payment limit gap" means the difference between the upper payment limit of the medical transportation provider and the Medicaid payments not financed using medical transportation assessment made to all medical transportation providers.

(B) "Upper payment limit gap" is calculated separately for ambulance services and air ambulance services.

Amended by Act 2021, No. 444,§ 1, eff. 3/24/2021.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-15-501 — AR Code / Title 20 / Chapter 15 / Subchapter 5 / Section 20-15-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Sudden Infant Death Syndrome Act". Acts 1979, No. 116, § 1; A.S.A. 1947, § 82-639.

This subchapter shall be known and may be cited as the "Sudden Infant Death Syndrome Act".

Acts 1979, No. 116, § 1; A.S.A. 1947, § 82-639.
Ark. Code Ann. § 20-48-304 — AR Code / Title 20 / Chapter 48 / Subchapter 3 / Section 20-48-304
Approval by Attorney General required
Status: in_force

(a) At the discretion of the Board of Developmental Disabilities Services, every agreement made pursuant to this subchapter shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of this state before and as a condition precedent to its entry into force. (b) The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth in this subchapter and shall detail in writing addressed to the board and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law. (c) Failure to disapprove an agreement submitted pursuant to this subchapter within twenty (20) days of its submission shall constitute approval thereof. Acts 1973, No. 465, § 4; A.S.A. 1947, § 59-1016.

(a) At the discretion of the Board of Developmental Disabilities Services, every agreement made pursuant to this subchapter shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of this state before and as a condition precedent to its entry into force.

(b) The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth in this subchapter and shall detail in writing addressed to the board and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law.

(c) Failure to disapprove an agreement submitted pursuant to this subchapter within twenty (20) days of its submission shall constitute approval thereof.

Acts 1973, No. 465, § 4; A.S.A. 1947, § 59-1016.
Ark. Code Ann. § 20-16-2402 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2402
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Abuse" means the same as defined in § 12-18-103 ; (3) "Agency" means an entity that contracts with the Department of Human Services to provide the services required under § 20-8-1001 or the resource access assistance offer; (4) "Assault" means the act or offense described in §§ 5-13-204 - 5-13-207 ; (5) "Care agent" means a person employed by an agency to perform the services required by this subchapter; (6) "Human trafficking" means the act or offense described in the Human Trafficking Act of 2013, § 5-18-101 et seq.; (7) "Medical emergency" means a condition that, based on the good faith clinical judgment of the physician, has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert the woman's death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function; (8) "Neglect" means the same as defined in § 12-18-103 ; and (9) "Sexual assault" means an act or offense described in § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 . Amended by Act 2023, No. 703,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 25, eff. 8/1/2023. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

As used in this subchapter:

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

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

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

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

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

(iii) Remove an ectopic pregnancy;

(2) "Abuse" means the same as defined in § 12-18-103 ;

(3) "Agency" means an entity that contracts with the Department of Human Services to provide the services required under § 20-8-1001 or the resource access assistance offer;

(4) "Assault" means the act or offense described in §§ 5-13-204 - 5-13-207 ;

(5) "Care agent" means a person employed by an agency to perform the services required by this subchapter;

(6) "Human trafficking" means the act or offense described in the Human Trafficking Act of 2013, § 5-18-101 et seq.;

(7) "Medical emergency" means a condition that, based on the good faith clinical judgment of the physician, has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert the woman's death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function;

(8) "Neglect" means the same as defined in § 12-18-103 ; and

(9) "Sexual assault" means an act or offense described in § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 .

Amended by Act 2023, No. 703,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 619,§ 25, eff. 8/1/2023.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-19-303 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-303
Power of political subdivisions not limited - Applicability
Status: in_force

(a) This subchapter does not limit in any manner the power of any municipality or political subdivision to prohibit dogs, cats, or other animals from running at large whether or not they have been vaccinated against rabies as provided in this subchapter. (b) This subchapter does not limit in any manner the power of any municipality or other political subdivision to further control and regulate dogs, cats, or other animals in such municipality or political subdivision. Acts 1968 (1st Ex. Sess.), No. 11, § 7; 1975, No. 725, § 5; A.S.A. 1947, § 82-2407; Acts 2009, No. 159, § 3.

(a) This subchapter does not limit in any manner the power of any municipality or political subdivision to prohibit dogs, cats, or other animals from running at large whether or not they have been vaccinated against rabies as provided in this subchapter.

(b) This subchapter does not limit in any manner the power of any municipality or other political subdivision to further control and regulate dogs, cats, or other animals in such municipality or political subdivision.

Acts 1968 (1st Ex. Sess.), No. 11, § 7; 1975, No. 725, § 5; A.S.A. 1947, § 82-2407; Acts 2009, No. 159, § 3.
Ark. Code Ann. § 20-9-1312 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1312
Applicability
Status: in_force

On and after August 1, 2017, this subchapter shall apply to any investigation or professional review activity at any stage. Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.

On and after August 1, 2017, this subchapter shall apply to any investigation or professional review activity at any stage.

Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.
Ark. Code Ann. § 20-78-705 — AR Code / Title 20 / Chapter 78 / Subchapter 7 / Section 20-78-705
Patient records
Status: in_force

(a) All institutions receiving state or federal support and with patient records containing information pertaining to participating first-time mothers shall be required to share information in those records with the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program. (b) All participating first-time mothers shall sign an informed consent and medical records release document. Acts 1999, No. 1115, § 5.

(a) All institutions receiving state or federal support and with patient records containing information pertaining to participating first-time mothers shall be required to share information in those records with the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program.

(b) All participating first-time mothers shall sign an informed consent and medical records release document.

Acts 1999, No. 1115, § 5.
Ark. Code Ann. § 20-16-2403 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2403
Resource access assistance offer
Status: in_force

(a) A person shall not perform an abortion unless the person verifies that the woman on whom the abortion is to be performed has received a resource access assistance offer. (b) A resource access assistance offer under subsection (a) of this section shall consist of a care agent's: (1) Informing the pregnant woman of the availability of free: (A) Healthy pregnancy program services offered under § 20-8-1001(d)(2) ; and (B) Care plan coordination services offered under § 20-8-1001(d)(3) ; (2) Providing education on other public and private resources available to address the socioeconomic needs of the pregnant woman or the biological father of the unborn child; (3) Offering screening and assistance for abuse, assault, sexual assault, neglect, coercion, and human trafficking; and (4) Offering medically accurate information using the informational materials described in the Woman's Right-to-Know Act, § 20-16-1701 et seq. (c) The pregnant woman is not required to: (1) Initiate any offered services in order to obtain an abortion; or (2) Provide any information to the care agent except her unique identifying number as described in § 20-16-2407 . (d) The resource access assistance offer shall be provided by the state at no cost to the woman. (e) A care agent who provides a resource access assistance offer under this section shall not refer a woman to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021, subsection (a) applicable 1/1/2023.

(a) A person shall not perform an abortion unless the person verifies that the woman on whom the abortion is to be performed has received a resource access assistance offer.

(b) A resource access assistance offer under subsection (a) of this section shall consist of a care agent's: (1) Informing the pregnant woman of the availability of free: (A) Healthy pregnancy program services offered under § 20-8-1001(d)(2) ; and (B) Care plan coordination services offered under § 20-8-1001(d)(3) ; (2) Providing education on other public and private resources available to address the socioeconomic needs of the pregnant woman or the biological father of the unborn child; (3) Offering screening and assistance for abuse, assault, sexual assault, neglect, coercion, and human trafficking; and (4) Offering medically accurate information using the informational materials described in the Woman's Right-to-Know Act, § 20-16-1701 et seq.

(1) Informing the pregnant woman of the availability of free: (A) Healthy pregnancy program services offered under § 20-8-1001(d)(2) ; and (B) Care plan coordination services offered under § 20-8-1001(d)(3) ;

(A) Healthy pregnancy program services offered under § 20-8-1001(d)(2) ; and

(B) Care plan coordination services offered under § 20-8-1001(d)(3) ;

(2) Providing education on other public and private resources available to address the socioeconomic needs of the pregnant woman or the biological father of the unborn child;

(3) Offering screening and assistance for abuse, assault, sexual assault, neglect, coercion, and human trafficking; and

(4) Offering medically accurate information using the informational materials described in the Woman's Right-to-Know Act, § 20-16-1701 et seq.

(c) The pregnant woman is not required to: (1) Initiate any offered services in order to obtain an abortion; or (2) Provide any information to the care agent except her unique identifying number as described in § 20-16-2407 .

(1) Initiate any offered services in order to obtain an abortion; or

(2) Provide any information to the care agent except her unique identifying number as described in § 20-16-2407 .

(d) The resource access assistance offer shall be provided by the state at no cost to the woman.

(e) A care agent who provides a resource access assistance offer under this section shall not refer a woman to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021, subsection (a) applicable 1/1/2023.
Ark. Code Ann. § 20-10-1909 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1909
Matters not subject to informal dispute resolution
Status: in_force

(a) (1) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies. (2) No other issues may be addressed at an informal dispute resolution hearing, including, but not limited to: (A) Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy; (B) Any remedies imposed; (C) Any alleged failure of the survey team to comply with a requirement of the survey process; (D) Any alleged inconsistency of the survey team in citing deficiencies among long-term care facilities; and (E) Any alleged inadequacy or inaccuracy of the informal dispute resolution process. (b) If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution. (c) The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution. Acts 2003, No. 1108, § 1.

(a) (1) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies. (2) No other issues may be addressed at an informal dispute resolution hearing, including, but not limited to: (A) Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy; (B) Any remedies imposed; (C) Any alleged failure of the survey team to comply with a requirement of the survey process; (D) Any alleged inconsistency of the survey team in citing deficiencies among long-term care facilities; and (E) Any alleged inadequacy or inaccuracy of the informal dispute resolution process.

(1) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies.

(2) No other issues may be addressed at an informal dispute resolution hearing, including, but not limited to: (A) Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy; (B) Any remedies imposed; (C) Any alleged failure of the survey team to comply with a requirement of the survey process; (D) Any alleged inconsistency of the survey team in citing deficiencies among long-term care facilities; and (E) Any alleged inadequacy or inaccuracy of the informal dispute resolution process.

(A) Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy;

(B) Any remedies imposed;

(C) Any alleged failure of the survey team to comply with a requirement of the survey process;

(D) Any alleged inconsistency of the survey team in citing deficiencies among long-term care facilities; and

(E) Any alleged inadequacy or inaccuracy of the informal dispute resolution process.

(b) If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.

(c) The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.

Acts 2003, No. 1108, § 1.
Ark. Code Ann. § 20-23-403 — AR Code / Title 20 / Chapter 23 / Subchapter 4 / Section 20-23-403
Inspectors - Failure to perform duties
Status: in_force

(a) Any inspector of boilers who shall report a boiler or pressure vessel for a certificate of inspection as safe to operate while knowing the report is false and that the boiler is unsafe to operate, who shall fail to perform his or her duties as stated in this chapter, or who shall cause the repair, installation, or sale of a boiler or pressure vessel that does not comply with the standards as set out in this chapter and the rules provided shall be guilty of a felony. (b) Upon conviction he or she shall be punished by a fine in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not to exceed three (3) years, or by both fine and imprisonment. Amended by Act 2019, No. 315,§ 2058, eff. 7/24/2019. Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1999, No. 982, § 16.

(a) Any inspector of boilers who shall report a boiler or pressure vessel for a certificate of inspection as safe to operate while knowing the report is false and that the boiler is unsafe to operate, who shall fail to perform his or her duties as stated in this chapter, or who shall cause the repair, installation, or sale of a boiler or pressure vessel that does not comply with the standards as set out in this chapter and the rules provided shall be guilty of a felony.

(b) Upon conviction he or she shall be punished by a fine in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not to exceed three (3) years, or by both fine and imprisonment.

Amended by Act 2019, No. 315,§ 2058, eff. 7/24/2019.

Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1999, No. 982, § 16.
Ark. Code Ann. § 20-77-1503 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1503
Program administration - Member agreements - Definition
Status: in_force

(a) A community-based health cooperative shall administer a community-based healthcare access program in a manner that: (1) Defines the population that may receive subsidized services provided through the community-based healthcare access program by limiting program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age who: (A) Are residing in or working in the community being served by the community-based healthcare access program; (B) Are without healthcare coverage; (C) Are not eligible for Medicare, Medicaid, or other similar government programs; (D) Have an income not exceeding two hundred percent (200%) of the federal poverty level, as in effect January 1, 2003; and (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board of directors of the community-based health cooperative; (2) Defines the population that may receive unsubsidized services provided through the community-based healthcare access program by limiting community-based healthcare access program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age and their dependent children who: (A) Are residing in or working in the community being served by the community-based healthcare access program; (B) Are without healthcare coverage; (C) Are not eligible for Medicare, Medicaid, ARKids First, or similar government programs; (D) Have an income not exceeding three hundred percent (300%) of the federal poverty guidelines or are full-time employees of the community-based health cooperative; and (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board; (3) Provides for the automatic assignment of medical payments due the client member of the community-based healthcare access program to the community-based health cooperative as a condition of eligibility; (4) Defines the services to be covered under the community-based healthcare access program; and (5) Establishes copayments for services received by client members of the community-based healthcare access program. (b) To promote the most efficient use of resources, community-based health cooperatives shall emphasize in client member agreements and provider member agreements: (1) Disease prevention; (2) Early diagnosis and treatment of medical problems; and (3) Community-care alternatives for individuals who would otherwise be at risk to be institutionalized. (c) (1) A community-based health cooperative shall file with the Insurance Commissioner the community-based healthcare access program it develops. (2) The filing with the commissioner shall be for review purposes only and shall neither require approval or disapproval by the commissioner. (3) The information filed with the commissioner shall include an actuarial certification. (4) For the purposes of this subsection, "actuarial certification" means a written statement by a member of the American Academy of Actuaries or other individuals acceptable to the commissioner that the community-based healthcare access program is actuarially sound based upon the person's examination, including a review of the appropriate records and methods utilized by the community-based health cooperative in establishing premium rates for the community-based healthcare access program. Acts 2003, No. 660, § 3.

(a) A community-based health cooperative shall administer a community-based healthcare access program in a manner that: (1) Defines the population that may receive subsidized services provided through the community-based healthcare access program by limiting program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age who: (A) Are residing in or working in the community being served by the community-based healthcare access program; (B) Are without healthcare coverage; (C) Are not eligible for Medicare, Medicaid, or other similar government programs; (D) Have an income not exceeding two hundred percent (200%) of the federal poverty level, as in effect January 1, 2003; and (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board of directors of the community-based health cooperative; (2) Defines the population that may receive unsubsidized services provided through the community-based healthcare access program by limiting community-based healthcare access program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age and their dependent children who: (A) Are residing in or working in the community being served by the community-based healthcare access program; (B) Are without healthcare coverage; (C) Are not eligible for Medicare, Medicaid, ARKids First, or similar government programs; (D) Have an income not exceeding three hundred percent (300%) of the federal poverty guidelines or are full-time employees of the community-based health cooperative; and (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board; (3) Provides for the automatic assignment of medical payments due the client member of the community-based healthcare access program to the community-based health cooperative as a condition of eligibility; (4) Defines the services to be covered under the community-based healthcare access program; and (5) Establishes copayments for services received by client members of the community-based healthcare access program.

(1) Defines the population that may receive subsidized services provided through the community-based healthcare access program by limiting program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age who: (A) Are residing in or working in the community being served by the community-based healthcare access program; (B) Are without healthcare coverage; (C) Are not eligible for Medicare, Medicaid, or other similar government programs; (D) Have an income not exceeding two hundred percent (200%) of the federal poverty level, as in effect January 1, 2003; and (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board of directors of the community-based health cooperative;

(A) Are residing in or working in the community being served by the community-based healthcare access program;

(B) Are without healthcare coverage;

(C) Are not eligible for Medicare, Medicaid, or other similar government programs;

(D) Have an income not exceeding two hundred percent (200%) of the federal poverty level, as in effect January 1, 2003; and

(E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board of directors of the community-based health cooperative;

(2) Defines the population that may receive unsubsidized services provided through the community-based healthcare access program by limiting community-based healthcare access program eligibility to adults between eighteen (18) years of age and sixty-five (65) years of age and their dependent children who: (A) Are residing in or working in the community being served by the community-based healthcare access program; (B) Are without healthcare coverage; (C) Are not eligible for Medicare, Medicaid, ARKids First, or similar government programs; (D) Have an income not exceeding three hundred percent (300%) of the federal poverty guidelines or are full-time employees of the community-based health cooperative; and (E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board;

(A) Are residing in or working in the community being served by the community-based healthcare access program;

(B) Are without healthcare coverage;

(C) Are not eligible for Medicare, Medicaid, ARKids First, or similar government programs;

(D) Have an income not exceeding three hundred percent (300%) of the federal poverty guidelines or are full-time employees of the community-based health cooperative; and

(E) Meet any other requirements that, consistent with the purposes of this subchapter, are established by the board;

(3) Provides for the automatic assignment of medical payments due the client member of the community-based healthcare access program to the community-based health cooperative as a condition of eligibility;

(4) Defines the services to be covered under the community-based healthcare access program; and

(5) Establishes copayments for services received by client members of the community-based healthcare access program.

(b) To promote the most efficient use of resources, community-based health cooperatives shall emphasize in client member agreements and provider member agreements: (1) Disease prevention; (2) Early diagnosis and treatment of medical problems; and (3) Community-care alternatives for individuals who would otherwise be at risk to be institutionalized.

(1) Disease prevention;

(2) Early diagnosis and treatment of medical problems; and

(3) Community-care alternatives for individuals who would otherwise be at risk to be institutionalized.

(c) (1) A community-based health cooperative shall file with the Insurance Commissioner the community-based healthcare access program it develops. (2) The filing with the commissioner shall be for review purposes only and shall neither require approval or disapproval by the commissioner. (3) The information filed with the commissioner shall include an actuarial certification. (4) For the purposes of this subsection, "actuarial certification" means a written statement by a member of the American Academy of Actuaries or other individuals acceptable to the commissioner that the community-based healthcare access program is actuarially sound based upon the person's examination, including a review of the appropriate records and methods utilized by the community-based health cooperative in establishing premium rates for the community-based healthcare access program.

(1) A community-based health cooperative shall file with the Insurance Commissioner the community-based healthcare access program it develops.

(2) The filing with the commissioner shall be for review purposes only and shall neither require approval or disapproval by the commissioner.

(3) The information filed with the commissioner shall include an actuarial certification.

(4) For the purposes of this subsection, "actuarial certification" means a written statement by a member of the American Academy of Actuaries or other individuals acceptable to the commissioner that the community-based healthcare access program is actuarially sound based upon the person's examination, including a review of the appropriate records and methods utilized by the community-based health cooperative in establishing premium rates for the community-based healthcare access program.

Acts 2003, No. 660, § 3.
Ark. Code Ann. § 20-13-105 — AR Code / Title 20 / Chapter 13 / Subchapter 1 / Section 20-13-105
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 40, eff. 5/23/2016. Repealed by Act 2016EX3, No. 2,§ 40, eff. 5/23/2016. Acts 2009, No. 1386, § 31; 2011, No. 1121, § 1.

Repealed by Act 2016EX3, No. 3,§ 40, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 2,§ 40, eff. 5/23/2016.

Acts 2009, No. 1386, § 31; 2011, No. 1121, § 1.
Ark. Code Ann. § 20-17-1206 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1206
Amending or revoking anatomical gift before donor's death
Status: in_force

(a) Subject to § 20-17-1208 , a donor or other person authorized to make an anatomical gift under § 20-17-1204 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subsection (a)(1)(C) must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in paragraph (1). (c) Subject to § 20-17-1208 , a donor or other person authorized to make an anatomical gift under § 20-17-1204 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a). Acts 2007, No. 839, § 1.

(a) Subject to § 20-17-1208 , a donor or other person authorized to make an anatomical gift under § 20-17-1204 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(A) the donor;

(B) the other person; or

(C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(b) A record signed pursuant to subsection (a)(1)(C) must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in paragraph (1).

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in paragraph (1).

(c) Subject to § 20-17-1208 , a donor or other person authorized to make an anatomical gift under § 20-17-1204 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-57-207 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-207
Prevention of choking - Nonliability
Status: in_force

(a) The Secretary of the Department of Health shall study and approve instructions detailing first aid techniques and a poster diagramming first aid techniques designed and intended for use by a person without medical training in removing food which has become lodged in the throat of a choking victim. (b) The secretary shall publish the approved instructions and poster and make them available to each food service operation in the state. (c) Each food service operation shall post the instructions and the poster in places conspicuous to persons employed by or connected with the management of the food service operation in order that persons may become familiar with the techniques and may consult the instructions to provide relief to a choking victim. (d) Failure of a food service operation to post the instructions and the poster as required by this section shall not subject the food service operation, any of its employees, or any persons connected with its management to any criminal penalty or to civil liability in an action for damages for personal injury or wrongful death arising from any choking emergency. (e) Nothing in this section shall impose or be construed to impose a duty or obligation upon any food service operation, any of its employees, any person connected with its management, or any other person to remove, attempt to remove, or assist in removing food which has been lodged in the throat of a choking victim. (f) No food service operation, employee of a food service operation, nor person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for not removing, not attempting to remove, or not assisting in the removal of food which has become lodged in the throat of a choking victim. (g) No food service operation, employee of a food service operation, person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for any acts or omissions of any individual removing, attempting to remove, or assisting in the removal of food lodged in the throat of a choking victim in accordance with instructions supplied by the secretary. Amended by Act 2019, No. 910,§ 5045, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5044, eff. 7/1/2019. Acts 1977, No. 204, § 1; 1985, No. 225, § 1; A.S.A. 1947, § 82-996.

(a) The Secretary of the Department of Health shall study and approve instructions detailing first aid techniques and a poster diagramming first aid techniques designed and intended for use by a person without medical training in removing food which has become lodged in the throat of a choking victim.

(b) The secretary shall publish the approved instructions and poster and make them available to each food service operation in the state.

(c) Each food service operation shall post the instructions and the poster in places conspicuous to persons employed by or connected with the management of the food service operation in order that persons may become familiar with the techniques and may consult the instructions to provide relief to a choking victim.

(d) Failure of a food service operation to post the instructions and the poster as required by this section shall not subject the food service operation, any of its employees, or any persons connected with its management to any criminal penalty or to civil liability in an action for damages for personal injury or wrongful death arising from any choking emergency.

(e) Nothing in this section shall impose or be construed to impose a duty or obligation upon any food service operation, any of its employees, any person connected with its management, or any other person to remove, attempt to remove, or assist in removing food which has been lodged in the throat of a choking victim.

(f) No food service operation, employee of a food service operation, nor person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for not removing, not attempting to remove, or not assisting in the removal of food which has become lodged in the throat of a choking victim.

(g) No food service operation, employee of a food service operation, person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for any acts or omissions of any individual removing, attempting to remove, or assisting in the removal of food lodged in the throat of a choking victim in accordance with instructions supplied by the secretary.

Amended by Act 2019, No. 910,§ 5045, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5044, eff. 7/1/2019.

Acts 1977, No. 204, § 1; 1985, No. 225, § 1; A.S.A. 1947, § 82-996.
Ark. Code Ann. § 20-24-102 — AR Code / Title 20 / Chapter 24 / Section 20-24-102
State to have exclusive jurisdiction - Exception
Status: in_force

(a) No city, town, or other governmental subdivision shall have the power to make any ordinance, bylaw, or resolution providing for the licensing, inspection, construction, installation, alteration, maintenance, or operation of elevators, dumbwaiters, or escalators or for the qualifications and duties of operators thereof within the limits of the city, town, or governmental subdivision, and any ordinance, bylaw, or resolution heretofore made or passed shall be void and of no effect. (b) However, nothing in this chapter shall limit the right of the city, town, or other governmental subdivision to enforce this chapter as permitted by § 20-24-104(b) or to determine the amount of the fees to be charged therefor as permitted by § 20-24-117 . Acts 1963, No. 189, § 14; A.S.A. 1947, § 82-1814.

(a) No city, town, or other governmental subdivision shall have the power to make any ordinance, bylaw, or resolution providing for the licensing, inspection, construction, installation, alteration, maintenance, or operation of elevators, dumbwaiters, or escalators or for the qualifications and duties of operators thereof within the limits of the city, town, or governmental subdivision, and any ordinance, bylaw, or resolution heretofore made or passed shall be void and of no effect.

(b) However, nothing in this chapter shall limit the right of the city, town, or other governmental subdivision to enforce this chapter as permitted by § 20-24-104(b) or to determine the amount of the fees to be charged therefor as permitted by § 20-24-117 .

Acts 1963, No. 189, § 14; A.S.A. 1947, § 82-1814.
Ark. Code Ann. § 20-77-405 — AR Code / Title 20 / Chapter 77 / Subchapter 4 / Section 20-77-405
Preference for generic drugs
Status: in_force

Drugs dispensed under the Arkansas Medicaid Program provided for in this subchapter shall, so far as possible, be prescribed and dispensed as generic drugs. Acts 1983, No. 518, § 5; A.S.A. 1947, § 83-174.4.

Drugs dispensed under the Arkansas Medicaid Program provided for in this subchapter shall, so far as possible, be prescribed and dispensed as generic drugs.

Acts 1983, No. 518, § 5; A.S.A. 1947, § 83-174.4.
Ark. Code Ann. § 20-77-2305 — AR Code / Title 20 / Chapter 77 / Subchapter 23 / Section 20-77-2305
Rules
Status: in_force

The Department of Health shall adopt rules to implement this subchapter. Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.

The Department of Health shall adopt rules to implement this subchapter.

Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
Ark. Code Ann. § 20-21-219 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-219
Storage of radioactive wastes
Status: in_force

(a) The operation or administration of any sites acquired under this subchapter for the concentration and storage of radioactive wastes and by-products shall be under the direct supervision of the State Radiation Control Agency and shall be in accordance with the rules promulgated and enforced by that agency to protect the public health and safety. (b) The agency may lease or license such lands, buildings, and grounds as it may acquire under this subchapter for the purpose of operating sites for the concentration and storage of radioactive wastes and by-products. (c) The State Board of Health may enter into contracts as may be necessary for carrying out the provisions of this subchapter. (d) (1) To finance the custody, control, and maintenance of such sites as the agency may undertake, the agency may collect fees from private or public parties holding radioactive material for custodial purposes. The fees shall be sufficient in each individual case to defray the estimated cost of the agency's custodial management activities for that individual case. (2) All fees shall be placed in a special account, in the nature of a revolving trust fund and which may be designated the "Perpetual Maintenance Fund". (3) The fees shall be received, disbursed, and accounted for by using generally accepted accounting principles. (4) Moneys in the fund may be invested in United States bonds and treasury bills or in such other securities as may be approved by the agency and the Treasurer of State. Amended by Act 2019, No. 315,§ 2024, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, §§ 17, 18, as added by Acts 1969, No. 115, § 2; A.S.A. 1947, §§ 82-1526, 82-1527.

(a) The operation or administration of any sites acquired under this subchapter for the concentration and storage of radioactive wastes and by-products shall be under the direct supervision of the State Radiation Control Agency and shall be in accordance with the rules promulgated and enforced by that agency to protect the public health and safety.

(b) The agency may lease or license such lands, buildings, and grounds as it may acquire under this subchapter for the purpose of operating sites for the concentration and storage of radioactive wastes and by-products.

(c) The State Board of Health may enter into contracts as may be necessary for carrying out the provisions of this subchapter.

(d) (1) To finance the custody, control, and maintenance of such sites as the agency may undertake, the agency may collect fees from private or public parties holding radioactive material for custodial purposes. The fees shall be sufficient in each individual case to defray the estimated cost of the agency's custodial management activities for that individual case. (2) All fees shall be placed in a special account, in the nature of a revolving trust fund and which may be designated the "Perpetual Maintenance Fund". (3) The fees shall be received, disbursed, and accounted for by using generally accepted accounting principles. (4) Moneys in the fund may be invested in United States bonds and treasury bills or in such other securities as may be approved by the agency and the Treasurer of State.

(1) To finance the custody, control, and maintenance of such sites as the agency may undertake, the agency may collect fees from private or public parties holding radioactive material for custodial purposes. The fees shall be sufficient in each individual case to defray the estimated cost of the agency's custodial management activities for that individual case.

(2) All fees shall be placed in a special account, in the nature of a revolving trust fund and which may be designated the "Perpetual Maintenance Fund".

(3) The fees shall be received, disbursed, and accounted for by using generally accepted accounting principles.

(4) Moneys in the fund may be invested in United States bonds and treasury bills or in such other securities as may be approved by the agency and the Treasurer of State.

Amended by Act 2019, No. 315,§ 2024, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, §§ 17, 18, as added by Acts 1969, No. 115, § 2; A.S.A. 1947, §§ 82-1526, 82-1527.
Ark. Code Ann. § 20-60-215 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-215
Records
Status: in_force

(a) (1) For the purpose of enforcing this subchapter, persons engaged in this state in the business of processing for intrastate commerce or transporting, shipping, or receiving in intrastate commerce livestock slaughtered for human consumption or meat or meat food products, or holding livestock slaughtered for human consumption or meat or meat food products, shall maintain records as the Secretary of the Department of Agriculture by rule may require. (2) The records required under subdivision (a)(1) of this section shall show any receipt, delivery, sale, movement, or disposition of the livestock slaughtered for human consumption or meat or meat food products. (3) A person engaged as described in subdivision (a)(1) of this section shall, upon the request of an authorized representative of the secretary, permit the authorized representative of the secretary to have access to and to copy all the records at reasonable times. (b) Any record required to be maintained by this section shall be maintained for a period of two (2) years after the transaction that is subject to the record has taken place. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2216, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5087, eff. 7/1/2019. Acts 1967, No. 320, § 9; A.S.A. 1947, § 82-2009.

(a) (1) For the purpose of enforcing this subchapter, persons engaged in this state in the business of processing for intrastate commerce or transporting, shipping, or receiving in intrastate commerce livestock slaughtered for human consumption or meat or meat food products, or holding livestock slaughtered for human consumption or meat or meat food products, shall maintain records as the Secretary of the Department of Agriculture by rule may require. (2) The records required under subdivision (a)(1) of this section shall show any receipt, delivery, sale, movement, or disposition of the livestock slaughtered for human consumption or meat or meat food products. (3) A person engaged as described in subdivision (a)(1) of this section shall, upon the request of an authorized representative of the secretary, permit the authorized representative of the secretary to have access to and to copy all the records at reasonable times.

(1) For the purpose of enforcing this subchapter, persons engaged in this state in the business of processing for intrastate commerce or transporting, shipping, or receiving in intrastate commerce livestock slaughtered for human consumption or meat or meat food products, or holding livestock slaughtered for human consumption or meat or meat food products, shall maintain records as the Secretary of the Department of Agriculture by rule may require.

(2) The records required under subdivision (a)(1) of this section shall show any receipt, delivery, sale, movement, or disposition of the livestock slaughtered for human consumption or meat or meat food products.

(3) A person engaged as described in subdivision (a)(1) of this section shall, upon the request of an authorized representative of the secretary, permit the authorized representative of the secretary to have access to and to copy all the records at reasonable times.

(b) Any record required to be maintained by this section shall be maintained for a period of two (2) years after the transaction that is subject to the record has taken place.

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Amended by Act 2019, No. 315,§ 2216, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5087, eff. 7/1/2019.

Acts 1967, No. 320, § 9; A.S.A. 1947, § 82-2009.
Ark. Code Ann. § 20-64-904 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-904
Licenses
Status: in_force

(a) (1) A person who immediately before July 28, 1995, was accredited to establish, conduct, manage, or operate an alcohol and drug abuse treatment program under former § 20-64-901 et seq., shall be issued a license under this subchapter without a fee. (2) The license shall be subject to be renewed at the time that the accreditation would have been due for renewal. (b) (1) Any person or program desiring to be licensed as an alcohol and drug abuse treatment program shall make application to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services on forms prescribed by the division and shall furnish the application information required by the division. (2) (A) Each application for licensure shall be accompanied by a nonrefundable license fee of seventy-five dollars ($75.00). (B) An additional fee will be paid by the entity seeking licensure at the end of the licensure review process for costs of the licensure review. Amended by Act 2017, No. 913,§ 102, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 33, eff. 8/16/2013. Acts 1995, No. 173, §§ 5, 12; 2011, No. 228, § 3.

(a) (1) A person who immediately before July 28, 1995, was accredited to establish, conduct, manage, or operate an alcohol and drug abuse treatment program under former § 20-64-901 et seq., shall be issued a license under this subchapter without a fee. (2) The license shall be subject to be renewed at the time that the accreditation would have been due for renewal.

(1) A person who immediately before July 28, 1995, was accredited to establish, conduct, manage, or operate an alcohol and drug abuse treatment program under former § 20-64-901 et seq., shall be issued a license under this subchapter without a fee.

(2) The license shall be subject to be renewed at the time that the accreditation would have been due for renewal.

(b) (1) Any person or program desiring to be licensed as an alcohol and drug abuse treatment program shall make application to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services on forms prescribed by the division and shall furnish the application information required by the division. (2) (A) Each application for licensure shall be accompanied by a nonrefundable license fee of seventy-five dollars ($75.00). (B) An additional fee will be paid by the entity seeking licensure at the end of the licensure review process for costs of the licensure review.

(1) Any person or program desiring to be licensed as an alcohol and drug abuse treatment program shall make application to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services on forms prescribed by the division and shall furnish the application information required by the division.

(2) (A) Each application for licensure shall be accompanied by a nonrefundable license fee of seventy-five dollars ($75.00). (B) An additional fee will be paid by the entity seeking licensure at the end of the licensure review process for costs of the licensure review.

(A) Each application for licensure shall be accompanied by a nonrefundable license fee of seventy-five dollars ($75.00).

(B) An additional fee will be paid by the entity seeking licensure at the end of the licensure review process for costs of the licensure review.

Amended by Act 2017, No. 913,§ 102, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 33, eff. 8/16/2013.

Acts 1995, No. 173, §§ 5, 12; 2011, No. 228, § 3.
Ark. Code Ann. § 20-79-206 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-206
Operation of rehabilitation facilities
Status: in_force

(a) Arkansas Rehabilitation Services is authorized to utilize funds made available: (1) From appropriations by the United States Congress; (2) By appropriations by the General Assembly; (3) From the disbursement of funds of other state agencies; and (4) By gifts, grants, fees for services, sale of products or items of manufacture or handwork, and donations for the purpose of establishing and operating rehabilitation centers, workshops, business enterprises, programs, and home industries and other facilities. (b) Gifts, grants, fees for services, income from the sale of products or items of manufacture or handwork, and donations may be deposited into one (1) or more banks and expended by the Division of Workforce Services, in compliance with the rules of the Secretary of the Department of Finance and Administration, in the establishment and operation of rehabilitation facilities and such other program services as may be determined by the division, which are consistent with the purposes of this subchapter. (c) The division is authorized and empowered to lease or purchase public or private property, real, personal, or mixed, for the purpose of establishing and operating rehabilitation facilities. Amended by Act 2019, No. 315,§ 2302, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3488, eff. 7/1/2019. Acts 1955, No. 43, § 7; 1959, No. 34, § 7; A.S.A. 1947, § 80-2546.

(a) Arkansas Rehabilitation Services is authorized to utilize funds made available: (1) From appropriations by the United States Congress; (2) By appropriations by the General Assembly; (3) From the disbursement of funds of other state agencies; and (4) By gifts, grants, fees for services, sale of products or items of manufacture or handwork, and donations for the purpose of establishing and operating rehabilitation centers, workshops, business enterprises, programs, and home industries and other facilities.

(1) From appropriations by the United States Congress;

(2) By appropriations by the General Assembly;

(3) From the disbursement of funds of other state agencies; and

(4) By gifts, grants, fees for services, sale of products or items of manufacture or handwork, and donations for the purpose of establishing and operating rehabilitation centers, workshops, business enterprises, programs, and home industries and other facilities.

(b) Gifts, grants, fees for services, income from the sale of products or items of manufacture or handwork, and donations may be deposited into one (1) or more banks and expended by the Division of Workforce Services, in compliance with the rules of the Secretary of the Department of Finance and Administration, in the establishment and operation of rehabilitation facilities and such other program services as may be determined by the division, which are consistent with the purposes of this subchapter.

(c) The division is authorized and empowered to lease or purchase public or private property, real, personal, or mixed, for the purpose of establishing and operating rehabilitation facilities.

Amended by Act 2019, No. 315,§ 2302, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3488, eff. 7/1/2019.

Acts 1955, No. 43, § 7; 1959, No. 34, § 7; A.S.A. 1947, § 80-2546.
Ark. Code Ann. § 20-64-101 — AR Code / Title 20 / Chapter 64 / Subchapter 1 / Section 20-64-101
Use and possession of narcotic drugs by certain institutions and druggists
Status: in_force

It shall be lawful for eleemosynary institutions, sanatoriums, hospitals, and wholesale druggists having licensed pharmacists in their employ to possess, use, compound, and sell narcotic drugs pursuant to the Federal Narcotic Act and the rules and regulations thereto appertaining. Acts 1923, No. 596, § 1; Pope's Dig., § 4623; A.S.A. 1947, § 82-1024.

It shall be lawful for eleemosynary institutions, sanatoriums, hospitals, and wholesale druggists having licensed pharmacists in their employ to possess, use, compound, and sell narcotic drugs pursuant to the Federal Narcotic Act and the rules and regulations thereto appertaining.

Acts 1923, No. 596, § 1; Pope's Dig., § 4623; A.S.A. 1947, § 82-1024.
Ark. Code Ann. § 20-47-216 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-216
Continuances
Status: in_force

Continuances requested by either party for any hearing provided for in this subchapter shall be granted only for good cause shown. "Good cause" includes obtaining a separate and independent evaluation or expert testimony on behalf of the person sought to be involuntarily admitted or allowing hospitalization of the person for medical treatment not associated with the person's mental illness, disease, or disorder. Acts 1989, No. 861, § 11.

Continuances requested by either party for any hearing provided for in this subchapter shall be granted only for good cause shown. "Good cause" includes obtaining a separate and independent evaluation or expert testimony on behalf of the person sought to be involuntarily admitted or allowing hospitalization of the person for medical treatment not associated with the person's mental illness, disease, or disorder.

Acts 1989, No. 861, § 11.
Ark. Code Ann. § 20-18-105 — AR Code / Title 20 / Chapter 18 / Subchapter 1 / Section 20-18-105
Penalties
Status: in_force

(a) The following persons shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment for not more than five (5) years, or both: (1) Any person who knowingly makes any false statement in a certificate, record, or report required to be filed under this chapter, or in an application for an amendment thereof or in an application for a certified copy of a vital record or who knowingly supplies false information intending that the information be used in the preparation of any report, record, or certificate, or amendment thereof; (2) Any person who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed under this chapter or a certified copy of the certificate, record, or report; (3) Any person who knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another for any purpose of deception any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated or which is false in whole or in part or which relates to the birth of another person, whether living or deceased; (4) Any employee of the Division of Vital Records or any office designated under § 20-18-203(b) who knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge that it be used for the purposes of deception; and (5) Any person who without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of the certificate, record, or report knowing that it has been stolen or otherwise unlawfully obtained. (b) The following persons shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both: (1) Any person who knowingly refuses to provide information required by this chapter or rules adopted pursuant to this chapter; (2) Any person who knowingly transports or accepts for transportation, interment, or other disposition, a dead body without an accompanying permit as provided in this chapter; or (3) Any person who knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter. Amended by Act 2019, No. 315,§ 1954, eff. 7/24/2019. Acts 1981, No. 120, § 27; A.S.A. 1947, § 82-527; Acts 1995, No. 1254, § 4; 2007, No. 827, § 164.

(a) The following persons shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment for not more than five (5) years, or both: (1) Any person who knowingly makes any false statement in a certificate, record, or report required to be filed under this chapter, or in an application for an amendment thereof or in an application for a certified copy of a vital record or who knowingly supplies false information intending that the information be used in the preparation of any report, record, or certificate, or amendment thereof; (2) Any person who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed under this chapter or a certified copy of the certificate, record, or report; (3) Any person who knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another for any purpose of deception any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated or which is false in whole or in part or which relates to the birth of another person, whether living or deceased; (4) Any employee of the Division of Vital Records or any office designated under § 20-18-203(b) who knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge that it be used for the purposes of deception; and (5) Any person who without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of the certificate, record, or report knowing that it has been stolen or otherwise unlawfully obtained.

(1) Any person who knowingly makes any false statement in a certificate, record, or report required to be filed under this chapter, or in an application for an amendment thereof or in an application for a certified copy of a vital record or who knowingly supplies false information intending that the information be used in the preparation of any report, record, or certificate, or amendment thereof;

(2) Any person who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed under this chapter or a certified copy of the certificate, record, or report;

(3) Any person who knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another for any purpose of deception any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated or which is false in whole or in part or which relates to the birth of another person, whether living or deceased;

(4) Any employee of the Division of Vital Records or any office designated under § 20-18-203(b) who knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge that it be used for the purposes of deception; and

(5) Any person who without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of the certificate, record, or report knowing that it has been stolen or otherwise unlawfully obtained.

(b) The following persons shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both: (1) Any person who knowingly refuses to provide information required by this chapter or rules adopted pursuant to this chapter; (2) Any person who knowingly transports or accepts for transportation, interment, or other disposition, a dead body without an accompanying permit as provided in this chapter; or (3) Any person who knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter.

(1) Any person who knowingly refuses to provide information required by this chapter or rules adopted pursuant to this chapter;

(2) Any person who knowingly transports or accepts for transportation, interment, or other disposition, a dead body without an accompanying permit as provided in this chapter; or

(3) Any person who knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter.

Amended by Act 2019, No. 315,§ 1954, eff. 7/24/2019.

Acts 1981, No. 120, § 27; A.S.A. 1947, § 82-527; Acts 1995, No. 1254, § 4; 2007, No. 827, § 164.
Ark. Code Ann. § 20-27-2703 — AR Code / Title 20 / Chapter 27 / Subchapter 27 / Section 20-27-2703
Bedding materials
Status: in_force

(a) The contents and uses and percentage of filling materials used in articles of bedding and in bulk form shall be stated on the label. (b) Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the label in order of predominance with the component with the largest content listed first. (c) The Department of Health may establish grades, specifications, and tolerances for the kinds and qualities of materials that may be used in the manufacture, repair, or renovation of bedding composed of new materials or secondhand materials and may approve or adopt designations and rules which are not in conflict with any provisions of this section for the labeling of bedding filled with such materials. (d) The repairer or renovator of any bedding that is subsequently sold shall affix the secondhand material label, which shall be attached to the bedding before delivery to the owner. (e) (1) Bedding shall not be manufactured in whole or in part from any secondhand material unless such material has been sanitized, germicidally treated, or cleaned by a method approved by the department. (2) All bedding containing material that is sanitized, germicidally treated, or cleaned in accordance with subdivision (e)(1) of this section shall bear a clear and conspicuous label that states the following: "THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION." (3) In addition, the label shall state: (A) The specific methods of sanitizing, germicidal treatment, or cleaning applied; (B) The date on which the article was sanitized, treated, or cleaned; (C) The name, address, and permit number of the person applying the sanitizing, treatment, or cleaning; and (D) Specifically which materials or articles have been sanitized, treated, or cleaned. Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.

(a) The contents and uses and percentage of filling materials used in articles of bedding and in bulk form shall be stated on the label.

(b) Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the label in order of predominance with the component with the largest content listed first.

(c) The Department of Health may establish grades, specifications, and tolerances for the kinds and qualities of materials that may be used in the manufacture, repair, or renovation of bedding composed of new materials or secondhand materials and may approve or adopt designations and rules which are not in conflict with any provisions of this section for the labeling of bedding filled with such materials.

(d) The repairer or renovator of any bedding that is subsequently sold shall affix the secondhand material label, which shall be attached to the bedding before delivery to the owner.

(e) (1) Bedding shall not be manufactured in whole or in part from any secondhand material unless such material has been sanitized, germicidally treated, or cleaned by a method approved by the department. (2) All bedding containing material that is sanitized, germicidally treated, or cleaned in accordance with subdivision (e)(1) of this section shall bear a clear and conspicuous label that states the following: "THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION." (3) In addition, the label shall state: (A) The specific methods of sanitizing, germicidal treatment, or cleaning applied; (B) The date on which the article was sanitized, treated, or cleaned; (C) The name, address, and permit number of the person applying the sanitizing, treatment, or cleaning; and (D) Specifically which materials or articles have been sanitized, treated, or cleaned.

(1) Bedding shall not be manufactured in whole or in part from any secondhand material unless such material has been sanitized, germicidally treated, or cleaned by a method approved by the department.

(2) All bedding containing material that is sanitized, germicidally treated, or cleaned in accordance with subdivision (e)(1) of this section shall bear a clear and conspicuous label that states the following: "THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION."

"THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION."

(3) In addition, the label shall state: (A) The specific methods of sanitizing, germicidal treatment, or cleaning applied; (B) The date on which the article was sanitized, treated, or cleaned; (C) The name, address, and permit number of the person applying the sanitizing, treatment, or cleaning; and (D) Specifically which materials or articles have been sanitized, treated, or cleaned.

(A) The specific methods of sanitizing, germicidal treatment, or cleaning applied;

(B) The date on which the article was sanitized, treated, or cleaned;

(C) The name, address, and permit number of the person applying the sanitizing, treatment, or cleaning; and

(D) Specifically which materials or articles have been sanitized, treated, or cleaned.

Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-9-603 — AR Code / Title 20 / Chapter 9 / Subchapter 6 / Section 20-9-603
Implied consent - Definition
Status: in_force

In addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances: (1) (A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent. (B) "Emergency" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and (2) When any emergency exists, there has been a protest or refusal of consent by a person authorized and empowered to do so, and there is no other person immediately available who is authorized, empowered, or capable of consenting but there has been a subsequent material and morbid change in the condition of the affected person. Acts 1973, No. 328, § 2; 1977, No. 805, § 1; A.S.A. 1947, § 82-364.

In addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances:

(1) (A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent. (B) "Emergency" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and

(A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent.

(B) "Emergency" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and

(2) When any emergency exists, there has been a protest or refusal of consent by a person authorized and empowered to do so, and there is no other person immediately available who is authorized, empowered, or capable of consenting but there has been a subsequent material and morbid change in the condition of the affected person.

Acts 1973, No. 328, § 2; 1977, No. 805, § 1; A.S.A. 1947, § 82-364.
Ark. Code Ann. § 20-78-222 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-222
Continuing education
Status: in_force

(a) (1) All persons employed by a childcare facility who work directly with children shall receive at least ten (10) hours per year of continuing early childhood education as approved by the Division of Child Care and Early Childhood Education of the Department of Human Services. (2) Topics appropriate for continuing early childhood education shall include, but not be limited to, the following: (A) Child growth and development; (B) Nutrition and food service; (C) Parental communication and involvement; (D) Curricula and curriculum development; (E) Developmentally appropriate practice and learning environments; (F) Behavior management; (G) Emergency care and first aid; and (H) Administration and management of early childhood programs. (b) Evidence satisfactory to the division of each employee's completion within the past twelve (12) months of continuing education shall be maintained by the childcare facility as part of the childcare facility's personnel records. (c) The failure of a childcare facility to comply with this requirement shall be grounds for the denial, revocation, or suspension of a license issued pursuant to this subchapter. Acts 1993, No. 900, § 1; 1995, No. 594, § 1; 1997, No. 1132, § 21.

(a) (1) All persons employed by a childcare facility who work directly with children shall receive at least ten (10) hours per year of continuing early childhood education as approved by the Division of Child Care and Early Childhood Education of the Department of Human Services. (2) Topics appropriate for continuing early childhood education shall include, but not be limited to, the following: (A) Child growth and development; (B) Nutrition and food service; (C) Parental communication and involvement; (D) Curricula and curriculum development; (E) Developmentally appropriate practice and learning environments; (F) Behavior management; (G) Emergency care and first aid; and (H) Administration and management of early childhood programs.

(1) All persons employed by a childcare facility who work directly with children shall receive at least ten (10) hours per year of continuing early childhood education as approved by the Division of Child Care and Early Childhood Education of the Department of Human Services.

(2) Topics appropriate for continuing early childhood education shall include, but not be limited to, the following: (A) Child growth and development; (B) Nutrition and food service; (C) Parental communication and involvement; (D) Curricula and curriculum development; (E) Developmentally appropriate practice and learning environments; (F) Behavior management; (G) Emergency care and first aid; and (H) Administration and management of early childhood programs.

(A) Child growth and development;

(B) Nutrition and food service;

(C) Parental communication and involvement;

(D) Curricula and curriculum development;

(E) Developmentally appropriate practice and learning environments;

(F) Behavior management;

(G) Emergency care and first aid; and

(H) Administration and management of early childhood programs.

(b) Evidence satisfactory to the division of each employee's completion within the past twelve (12) months of continuing education shall be maintained by the childcare facility as part of the childcare facility's personnel records.

(c) The failure of a childcare facility to comply with this requirement shall be grounds for the denial, revocation, or suspension of a license issued pursuant to this subchapter.

Acts 1993, No. 900, § 1; 1995, No. 594, § 1; 1997, No. 1132, § 21.
Ark. Code Ann. § 20-59-307 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-307
Imitation mellorine
Status: in_force

(a) Any food product containing any food fat as defined in § 20-59-201(4)(J)(ii) which is made in semblance or in imitation of mellorine as defined and standardized in § 20-59-201 but which does not conform to the definition and standard shall be deemed to be adulterated and misbranded notwithstanding the employment of any fanciful name or the use of the word "imitation" to designate the product. (b) The adulteration and misbranding of mellorine in violation of subsection (a) of this section is prohibited. Acts 1953, No. 416, §§ 5, 6; A.S.A. 1947, §§ 82-918.4, 82-918.5.

(a) Any food product containing any food fat as defined in § 20-59-201(4)(J)(ii) which is made in semblance or in imitation of mellorine as defined and standardized in § 20-59-201 but which does not conform to the definition and standard shall be deemed to be adulterated and misbranded notwithstanding the employment of any fanciful name or the use of the word "imitation" to designate the product.

(b) The adulteration and misbranding of mellorine in violation of subsection (a) of this section is prohibited.

Acts 1953, No. 416, §§ 5, 6; A.S.A. 1947, §§ 82-918.4, 82-918.5.
Ark. Code Ann. § 20-59-601 — AR Code / Title 20 / Chapter 59 / Subchapter 6 / Section 20-59-601
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Cooperative association" means any group in which farmers act together in the market preparation, processing, or marketing of farm products or any association organized under § 2-2-101 et seq., the Cooperative Marketing Act, § 2-2-401 et seq., or § 4-30-101 et seq.; (2) "Dairy farmer" means a farmer engaged in the business of producing milk for sale to milk processors or to a cooperative association of which the dairy farmer is a member; (3) "Escrow account agent" means an entity within this state which is insured either by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation [abolished]; (4) "Milk processor" means a person who operates a milk, milk products, or frozen desserts processing plant that is located in the State of Arkansas; and (5) "Purchase price" means an amount of money, based on estimated butterfat content at the time of delivery, that a milk processor agrees to pay a dairy farmer for a purchase of raw milk. Acts 1989, No. 4, § 1.

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

(1) "Cooperative association" means any group in which farmers act together in the market preparation, processing, or marketing of farm products or any association organized under § 2-2-101 et seq., the Cooperative Marketing Act, § 2-2-401 et seq., or § 4-30-101 et seq.;

(2) "Dairy farmer" means a farmer engaged in the business of producing milk for sale to milk processors or to a cooperative association of which the dairy farmer is a member;

(3) "Escrow account agent" means an entity within this state which is insured either by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation [abolished];

(4) "Milk processor" means a person who operates a milk, milk products, or frozen desserts processing plant that is located in the State of Arkansas; and

(5) "Purchase price" means an amount of money, based on estimated butterfat content at the time of delivery, that a milk processor agrees to pay a dairy farmer for a purchase of raw milk.

Acts 1989, No. 4, § 1.
Ark. Code Ann. § 20-10-905 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-905
Petition for receivership
Status: in_force

(a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file a complaint in the circuit court of the county in which the facility is located requesting the appointment of a receiver. (b) A complaint for appointment of a receiver pursuant to this subchapter shall have precedence and priority over any civil case pending in the circuit court in which the complaint is filed. (c) The court shall hold a hearing on the complaint within five (5) days of the filing of the complaint. (d) The complaint and notice of hearing shall be served on the owner and administrator or licensee of the facility. In cases when the department is not the plaintiff in the action, a copy of the complaint and notice shall be forwarded by mail to the Secretary of the Department of Human Services by the plaintiff. Amended by Act 2019, No. 910,§ 5184, eff. 7/1/2019. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

(a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file a complaint in the circuit court of the county in which the facility is located requesting the appointment of a receiver.

(b) A complaint for appointment of a receiver pursuant to this subchapter shall have precedence and priority over any civil case pending in the circuit court in which the complaint is filed.

(c) The court shall hold a hearing on the complaint within five (5) days of the filing of the complaint.

(d) The complaint and notice of hearing shall be served on the owner and administrator or licensee of the facility. In cases when the department is not the plaintiff in the action, a copy of the complaint and notice shall be forwarded by mail to the Secretary of the Department of Human Services by the plaintiff.

Amended by Act 2019, No. 910,§ 5184, eff. 7/1/2019.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-78-802 — AR Code / Title 20 / Chapter 78 / Subchapter 8 / Section 20-78-802
Minimum requirements for a teaching credential
Status: in_force

The Division of Child Care and Early Childhood Education of the Department of Human Services shall develop a birth through prekindergarten teaching credential that requires without limitation that the applicant: (1) Meet a minimum educational level; and (2) (A) Complete a core of courses in early childhood development and early childhood education. (B) The core courses shall meet the division's standards for the preparation of early childhood professionals. Acts 2009, No. 187, § 3.

The Division of Child Care and Early Childhood Education of the Department of Human Services shall develop a birth through prekindergarten teaching credential that requires without limitation that the applicant:

(1) Meet a minimum educational level; and

(2) (A) Complete a core of courses in early childhood development and early childhood education. (B) The core courses shall meet the division's standards for the preparation of early childhood professionals.

(A) Complete a core of courses in early childhood development and early childhood education.

(B) The core courses shall meet the division's standards for the preparation of early childhood professionals.

Acts 2009, No. 187, § 3.
Ark. Code Ann. § 20-10-215 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-215
Injunction for sections 20-10-213 - 20-10-228
Status: in_force

The Department of Human Services may sue in the name of the state any person, partnership, association, or corporation in order to enjoin the establishing, conducting, managing, or operating of any institution or facility, or any combination of separate entities working in concert within the meaning of §§ 20-10-213 - 20-10-228 , without the person's first having secured a license therefor. Acts 1961, No. 414, § 26; A.S.A. 1947, § 82-352; Acts 1993, No. 1238, § 6.

The Department of Human Services may sue in the name of the state any person, partnership, association, or corporation in order to enjoin the establishing, conducting, managing, or operating of any institution or facility, or any combination of separate entities working in concert within the meaning of §§ 20-10-213 - 20-10-228 , without the person's first having secured a license therefor.

Acts 1961, No. 414, § 26; A.S.A. 1947, § 82-352; Acts 1993, No. 1238, § 6.