Ark. Code Ann. § 20-13-902 — AR Code / Title 20 / Chapter 13 / Subchapter 9 / Section 20-13-902
Immunities
Status: in_force

(a) The following are not subject to civil or criminal liability and are not guilty of unprofessional conduct upon discovery of Do Not Resuscitate Identification upon a person: (1) A physician who causes the withholding or withdrawal of life-sustaining procedures from that person; (2) A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician; (3) Emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person; (4) A healthcare facility in which withholding or withdrawal of life-sustaining procedures from that person occurs; and (5) Physicians, persons under the direction or authorization of a physician, emergency medical services personnel, or healthcare facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses Do Not Resuscitate Identification. (b) The provisions of subdivisions (a)(1)-(5) of this section apply when a life-sustaining procedure is withheld or withdrawn in accordance with the Emergency Medical Services Do Not Resuscitate Protocol. (c) Emergency medical services personnel who follow a Do Not Resuscitate Order from a licensed physician are not subject to civil or criminal liability and are not guilty of unprofessional conduct. Acts 1993, No. 1101, § 2.

(a) The following are not subject to civil or criminal liability and are not guilty of unprofessional conduct upon discovery of Do Not Resuscitate Identification upon a person: (1) A physician who causes the withholding or withdrawal of life-sustaining procedures from that person; (2) A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician; (3) Emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person; (4) A healthcare facility in which withholding or withdrawal of life-sustaining procedures from that person occurs; and (5) Physicians, persons under the direction or authorization of a physician, emergency medical services personnel, or healthcare facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses Do Not Resuscitate Identification.

(1) A physician who causes the withholding or withdrawal of life-sustaining procedures from that person;

(2) A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician;

(3) Emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person;

(4) A healthcare facility in which withholding or withdrawal of life-sustaining procedures from that person occurs; and

(5) Physicians, persons under the direction or authorization of a physician, emergency medical services personnel, or healthcare facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses Do Not Resuscitate Identification.

(b) The provisions of subdivisions (a)(1)-(5) of this section apply when a life-sustaining procedure is withheld or withdrawn in accordance with the Emergency Medical Services Do Not Resuscitate Protocol.

(c) Emergency medical services personnel who follow a Do Not Resuscitate Order from a licensed physician are not subject to civil or criminal liability and are not guilty of unprofessional conduct.

Acts 1993, No. 1101, § 2.
Ark. Code Ann. § 20-17-1207 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1207
Refusal to make anatomical gift - Effect of refusal
Status: in_force

(a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; (2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or (3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (b) A record signed pursuant to subsection (a)(1)(B) 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 individual; and (2) state that it has been signed and witnessed as provided in paragraph (1). (c) An individual who has made a refusal may amend or revoke the refusal: (1) in the manner provided in subsection (a) for making a refusal; (2) by subsequently making an anatomical gift pursuant to § 20-17-1205 that is inconsistent with the refusal; or (3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in § 20-17-1208(h) , in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part. Acts 2007, No. 839, § 1.

(a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; (2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or (3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

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

(A) the individual; or

(B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;

(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

(3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(b) A record signed pursuant to subsection (a)(1)(B) 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 individual; 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 individual; and

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

(c) An individual who has made a refusal may amend or revoke the refusal: (1) in the manner provided in subsection (a) for making a refusal; (2) by subsequently making an anatomical gift pursuant to § 20-17-1205 that is inconsistent with the refusal; or (3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(1) in the manner provided in subsection (a) for making a refusal;

(2) by subsequently making an anatomical gift pursuant to § 20-17-1205 that is inconsistent with the refusal; or

(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d) Except as otherwise provided in § 20-17-1208(h) , in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-22-609 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-609
License, permit, or certificate required - Compliance with subchapter - Penalties
Status: in_force

Except as provided in §§ 20-22-603 and 20-22-613 , no person may do any of the following: (1) Engage in the business of installing, inspecting, or servicing portable fire extinguishers without a current certificate of registration; (2) Engage in the business of installing, inspecting, or servicing fixed fire protection systems without a current certificate of registration; (3) Install, inspect, or service portable fire extinguishers or fixed fire protection systems without a current individual license; (4) Perform hydrostatic testing of any portable fire extinguisher or any fire extinguisher system cylinder without a current hydrostatic testing certificate; (5) Obtain or attempt to obtain a certificate of registration or individual license by fraudulent representation, fraudulent examination or testing, misconduct, or irregularity; (6) Sell, service, inspect, or install portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems contrary to this subchapter or the policies formulated and administered under the authority of this subchapter; (7) Engage in any fire protection sprinkler system business without a current certificate of registration and without employing a full-time licensed responsible managing employee; and (8) Engage in any business or activity licensed or permitted by the Arkansas Fire Protection Licensing Board without maintaining in force at all times a public liability insurance policy, with minimum coverage limits as set by the board, covering the person's operations and completed operations. Acts 1977, No. 743, §§ 10, 12; 1981, No. 404, § 1; 1985, No. 702, §§ 10, 11; A.S.A. 1947, §§ 82-841, 82-843; Acts 1987, No. 532, § 6; 1993, No. 1215, § 6; 1999, No. 1287, § 3; 2009, No. 422, § 9 [8]; 2011, No. 838, § 4.

Except as provided in §§ 20-22-603 and 20-22-613 , no person may do any of the following:

(1) Engage in the business of installing, inspecting, or servicing portable fire extinguishers without a current certificate of registration;

(2) Engage in the business of installing, inspecting, or servicing fixed fire protection systems without a current certificate of registration;

(3) Install, inspect, or service portable fire extinguishers or fixed fire protection systems without a current individual license;

(4) Perform hydrostatic testing of any portable fire extinguisher or any fire extinguisher system cylinder without a current hydrostatic testing certificate;

(5) Obtain or attempt to obtain a certificate of registration or individual license by fraudulent representation, fraudulent examination or testing, misconduct, or irregularity;

(6) Sell, service, inspect, or install portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems contrary to this subchapter or the policies formulated and administered under the authority of this subchapter;

(7) Engage in any fire protection sprinkler system business without a current certificate of registration and without employing a full-time licensed responsible managing employee; and

(8) Engage in any business or activity licensed or permitted by the Arkansas Fire Protection Licensing Board without maintaining in force at all times a public liability insurance policy, with minimum coverage limits as set by the board, covering the person's operations and completed operations.

Acts 1977, No. 743, §§ 10, 12; 1981, No. 404, § 1; 1985, No. 702, §§ 10, 11; A.S.A. 1947, §§ 82-841, 82-843; Acts 1987, No. 532, § 6; 1993, No. 1215, § 6; 1999, No. 1287, § 3; 2009, No. 422, § 9 [8]; 2011, No. 838, § 4.
Ark. Code Ann. § 20-10-207 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-207
Notification to media of violations
Status: in_force

(a) When the Office of Long-Term Care's appropriate division, as determined by the Secretary of the Department of Human Services, finds, upon inspection and investigation, that any nursing home or residential care facility has committed two (2) violations constituting Class A or Class B violations as set out in § 20-10-205 during any twelve-month period, the office shall notify the various news media within the county wherein the nursing home or residential care facility is located and shall advise the media that a complete record of the inspection and investigation will be available for public inspection at the office. (b) However, no information shall be made available which will identify any resident, the family of any resident of the nursing home, the residential care facility, or any person who has filed a complaint against a nursing home or against an administrator or any personnel of a nursing home or residential care facility, except in cases of criminal or civil litigation. (c) When the office finds, upon inspection and investigation, that any long-term care facility has committed a Class A or Class B violation, following final determination of the matter on administrative appeal, the long-term care facility administrator shall cause copies of the notice of violation as prepared by the office to be posted on the front entry to the facility to be visible from the interior. The notice shall be posted within seven (7) days of the final determination of the matter on administrative appeal and shall remain posted for a period of not less than sixty (60) days. (d) The notice of violation shall meet the following requirements: (1) The notice shall read: (A) "NOTICE (B) "This facility has been cited with a CLASS A or B VIOLATION. (C) "Pursuant to § 20-10-205 , 'Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom. Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident.' (D) "Date of violation: __________________ (E) "Nature of violation: __________________ (F) "Further information can be obtained from the Office of Long- Term Care at ( number ). (G) "This notice shall remain posted for a period not less than sixty (60) days from ( date ) to ( date )."; and (2) The notice shall be printed in accordance with the following specifications: (A) The notice shall be eight and one-half inches by eleven inches (8 1/2" x 11") in size; (B) The notice shall be printed on a white background; (C) Subdivision (d)(1)(A) of this section shall be printed in red ink in all capital letters at the top center of the page in 48-point boldface type; (D) Subdivision (d)(1)(B) of this section shall be printed in black ink in 18-point type, except for the words "CLASS A or CLASS B VIOLATION", which shall be printed in red ink, in capital letters, in 24-point boldface type; (E) Subdivision (d)(1)(C) of this section shall be printed in black ink with 10-point type. This paragraph shall be indented and boxed; (F) Subdivisions (d)(1)(D) and (E) of this section shall be underlined and printed in black ink with 18-point type; (G) Subdivisions (d)(1)(F) and (G) of this section shall be printed in 18-point boldface type; and (H) The entries to be made shall be written in indelible red ink. (e) A notice of correction may be posted by the facility administrator upon receipt from the office, provided that the notice does not obscure the notice of violation. Posting of the notice of correction shall not reduce the amount of time required for the posting of the notice of violation set forth in subsection (c) of this section. (f) (1) The ombudsman of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished with each final copy of a survey upon completion by the office. (2) (A) The ombudsman shall prepare a one-page form letter which specifically states whether the facility was found in compliance or out of compliance during the most recent annual survey. In addition, the letter shall include the same information from the previous three (3) annual surveys. (B) The letter shall be considered separately from the survey process and shall not be admissible as evidence in any proceeding by either party in litigation arising from licensure or certification of long-term care facilities. (C) Copies of the letter shall be furnished by the office to the facility administrator and the Attorney General. (g) (1) A long-term care facility required to be licensed under this subchapter shall post in a conspicuous place, readily accessible to residents and visitors, the final certification survey following final administrative determination as defined by rule of the statement of deficiencies and plans-of-correction survey report received by the facility. (2) With the survey report, the facility shall post the summary letter prepared by the ombudsman. (3) The survey report and letter shall remain posted until the next survey report is received by the facility. (h) Failure to post a notice of violation as required by subsection (c) of this section shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed, with each day of noncompliance constituting a separate offense. Otherwise, the failure to comply with the requirements of this section by a long-term care facility or facility administrator shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. Amended by Act 2019, No. 315,§ 1864, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5179, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 56, eff. 8/1/2017. Acts 1983, No. 468, § 1; A.S.A. 1947, § 82-2219.1; Acts 1988 (4th Ex. Sess.), No. 16, § 1; 1999, No. 1539, § 3.

(a) When the Office of Long-Term Care's appropriate division, as determined by the Secretary of the Department of Human Services, finds, upon inspection and investigation, that any nursing home or residential care facility has committed two (2) violations constituting Class A or Class B violations as set out in § 20-10-205 during any twelve-month period, the office shall notify the various news media within the county wherein the nursing home or residential care facility is located and shall advise the media that a complete record of the inspection and investigation will be available for public inspection at the office.

(b) However, no information shall be made available which will identify any resident, the family of any resident of the nursing home, the residential care facility, or any person who has filed a complaint against a nursing home or against an administrator or any personnel of a nursing home or residential care facility, except in cases of criminal or civil litigation.

(c) When the office finds, upon inspection and investigation, that any long-term care facility has committed a Class A or Class B violation, following final determination of the matter on administrative appeal, the long-term care facility administrator shall cause copies of the notice of violation as prepared by the office to be posted on the front entry to the facility to be visible from the interior. The notice shall be posted within seven (7) days of the final determination of the matter on administrative appeal and shall remain posted for a period of not less than sixty (60) days.

(d) The notice of violation shall meet the following requirements: (1) The notice shall read: (A) "NOTICE (B) "This facility has been cited with a CLASS A or B VIOLATION. (C) "Pursuant to § 20-10-205 , 'Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom. Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident.' (D) "Date of violation: __________________ (E) "Nature of violation: __________________ (F) "Further information can be obtained from the Office of Long- Term Care at ( number ). (G) "This notice shall remain posted for a period not less than sixty (60) days from ( date ) to ( date )."; and (2) The notice shall be printed in accordance with the following specifications: (A) The notice shall be eight and one-half inches by eleven inches (8 1/2" x 11") in size; (B) The notice shall be printed on a white background; (C) Subdivision (d)(1)(A) of this section shall be printed in red ink in all capital letters at the top center of the page in 48-point boldface type; (D) Subdivision (d)(1)(B) of this section shall be printed in black ink in 18-point type, except for the words "CLASS A or CLASS B VIOLATION", which shall be printed in red ink, in capital letters, in 24-point boldface type; (E) Subdivision (d)(1)(C) of this section shall be printed in black ink with 10-point type. This paragraph shall be indented and boxed; (F) Subdivisions (d)(1)(D) and (E) of this section shall be underlined and printed in black ink with 18-point type; (G) Subdivisions (d)(1)(F) and (G) of this section shall be printed in 18-point boldface type; and (H) The entries to be made shall be written in indelible red ink.

(1) The notice shall read: (A) "NOTICE (B) "This facility has been cited with a CLASS A or B VIOLATION. (C) "Pursuant to § 20-10-205 , 'Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom. Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident.' (D) "Date of violation: __________________ (E) "Nature of violation: __________________ (F) "Further information can be obtained from the Office of Long- Term Care at ( number ). (G) "This notice shall remain posted for a period not less than sixty (60) days from ( date ) to ( date )."; and

(A) "NOTICE

(B) "This facility has been cited with a CLASS A or B VIOLATION.

(C) "Pursuant to § 20-10-205 , 'Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom. Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident.'

(D) "Date of violation: __________________

(E) "Nature of violation: __________________

(F) "Further information can be obtained from the Office of Long- Term Care at ( number ).

(G) "This notice shall remain posted for a period not less than sixty (60) days from ( date ) to ( date )."; and

(2) The notice shall be printed in accordance with the following specifications: (A) The notice shall be eight and one-half inches by eleven inches (8 1/2" x 11") in size; (B) The notice shall be printed on a white background; (C) Subdivision (d)(1)(A) of this section shall be printed in red ink in all capital letters at the top center of the page in 48-point boldface type; (D) Subdivision (d)(1)(B) of this section shall be printed in black ink in 18-point type, except for the words "CLASS A or CLASS B VIOLATION", which shall be printed in red ink, in capital letters, in 24-point boldface type; (E) Subdivision (d)(1)(C) of this section shall be printed in black ink with 10-point type. This paragraph shall be indented and boxed; (F) Subdivisions (d)(1)(D) and (E) of this section shall be underlined and printed in black ink with 18-point type; (G) Subdivisions (d)(1)(F) and (G) of this section shall be printed in 18-point boldface type; and (H) The entries to be made shall be written in indelible red ink.

(A) The notice shall be eight and one-half inches by eleven inches (8 1/2" x 11") in size;

(B) The notice shall be printed on a white background;

(C) Subdivision (d)(1)(A) of this section shall be printed in red ink in all capital letters at the top center of the page in 48-point boldface type;

(D) Subdivision (d)(1)(B) of this section shall be printed in black ink in 18-point type, except for the words "CLASS A or CLASS B VIOLATION", which shall be printed in red ink, in capital letters, in 24-point boldface type;

(E) Subdivision (d)(1)(C) of this section shall be printed in black ink with 10-point type. This paragraph shall be indented and boxed;

(F) Subdivisions (d)(1)(D) and (E) of this section shall be underlined and printed in black ink with 18-point type;

(G) Subdivisions (d)(1)(F) and (G) of this section shall be printed in 18-point boldface type; and

(H) The entries to be made shall be written in indelible red ink.

(e) A notice of correction may be posted by the facility administrator upon receipt from the office, provided that the notice does not obscure the notice of violation. Posting of the notice of correction shall not reduce the amount of time required for the posting of the notice of violation set forth in subsection (c) of this section.

(f) (1) The ombudsman of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished with each final copy of a survey upon completion by the office. (2) (A) The ombudsman shall prepare a one-page form letter which specifically states whether the facility was found in compliance or out of compliance during the most recent annual survey. In addition, the letter shall include the same information from the previous three (3) annual surveys. (B) The letter shall be considered separately from the survey process and shall not be admissible as evidence in any proceeding by either party in litigation arising from licensure or certification of long-term care facilities. (C) Copies of the letter shall be furnished by the office to the facility administrator and the Attorney General.

(1) The ombudsman of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished with each final copy of a survey upon completion by the office.

(2) (A) The ombudsman shall prepare a one-page form letter which specifically states whether the facility was found in compliance or out of compliance during the most recent annual survey. In addition, the letter shall include the same information from the previous three (3) annual surveys. (B) The letter shall be considered separately from the survey process and shall not be admissible as evidence in any proceeding by either party in litigation arising from licensure or certification of long-term care facilities. (C) Copies of the letter shall be furnished by the office to the facility administrator and the Attorney General.

(A) The ombudsman shall prepare a one-page form letter which specifically states whether the facility was found in compliance or out of compliance during the most recent annual survey. In addition, the letter shall include the same information from the previous three (3) annual surveys.

(B) The letter shall be considered separately from the survey process and shall not be admissible as evidence in any proceeding by either party in litigation arising from licensure or certification of long-term care facilities.

(C) Copies of the letter shall be furnished by the office to the facility administrator and the Attorney General.

(g) (1) A long-term care facility required to be licensed under this subchapter shall post in a conspicuous place, readily accessible to residents and visitors, the final certification survey following final administrative determination as defined by rule of the statement of deficiencies and plans-of-correction survey report received by the facility. (2) With the survey report, the facility shall post the summary letter prepared by the ombudsman. (3) The survey report and letter shall remain posted until the next survey report is received by the facility.

(1) A long-term care facility required to be licensed under this subchapter shall post in a conspicuous place, readily accessible to residents and visitors, the final certification survey following final administrative determination as defined by rule of the statement of deficiencies and plans-of-correction survey report received by the facility.

(2) With the survey report, the facility shall post the summary letter prepared by the ombudsman.

(3) The survey report and letter shall remain posted until the next survey report is received by the facility.

(h) Failure to post a notice of violation as required by subsection (c) of this section shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed, with each day of noncompliance constituting a separate offense. Otherwise, the failure to comply with the requirements of this section by a long-term care facility or facility administrator shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.

Amended by Act 2019, No. 315,§ 1864, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5179, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 56, eff. 8/1/2017.

Acts 1983, No. 468, § 1; A.S.A. 1947, § 82-2219.1; Acts 1988 (4th Ex. Sess.), No. 16, § 1; 1999, No. 1539, § 3.
Ark. Code Ann. § 20-76-109 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-109
Use of contracts
Status: in_force

The Department of Human Services, as appropriate, should provide work activities, training, and other services through contracts. In contracting for work activities, training, or services, the following apply: (1) (A) A contract shall be performance-based. (B) Whenever possible, payment shall be tied to performance outcomes that include factors such as, but not limited to, job entry, job entry at a target wage, and job retention, rather than tied to completion of training or education or any other phase of the program participation process; (2) (A) A contract may include performance-based incentive payments that may vary according to the extent to which the recipient is more difficult to place. (B) (i) Contract payments may be weighted proportionally to reflect the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. (ii) The factors may include the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the department; (3) Each contract awarded under the Transitional Employment Assistance Program shall be awarded in accordance with state procurement and contract laws; and (4) (A) The department may contract with commercial, charitable, or faith-based organizations. (B) A contract must comply with federal requirements with respect to nondiscrimination and other requirements that safeguard the rights of participants. (C) Services may be provided under contract, certificate, voucher, or other form of disbursement. Amended by Act 2023, No. 832,§ 7, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 507, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 506, eff. 7/1/2019. Acts 1997, No. 1058, § 4; 2005, No. 1705, § 9.

The Department of Human Services, as appropriate, should provide work activities, training, and other services through contracts. In contracting for work activities, training, or services, the following apply:

(1) (A) A contract shall be performance-based. (B) Whenever possible, payment shall be tied to performance outcomes that include factors such as, but not limited to, job entry, job entry at a target wage, and job retention, rather than tied to completion of training or education or any other phase of the program participation process;

(A) A contract shall be performance-based.

(B) Whenever possible, payment shall be tied to performance outcomes that include factors such as, but not limited to, job entry, job entry at a target wage, and job retention, rather than tied to completion of training or education or any other phase of the program participation process;

(2) (A) A contract may include performance-based incentive payments that may vary according to the extent to which the recipient is more difficult to place. (B) (i) Contract payments may be weighted proportionally to reflect the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. (ii) The factors may include the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the department;

(A) A contract may include performance-based incentive payments that may vary according to the extent to which the recipient is more difficult to place.

(B) (i) Contract payments may be weighted proportionally to reflect the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. (ii) The factors may include the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the department;

(i) Contract payments may be weighted proportionally to reflect the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment.

(ii) The factors may include the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the department;

(3) Each contract awarded under the Transitional Employment Assistance Program shall be awarded in accordance with state procurement and contract laws; and

(4) (A) The department may contract with commercial, charitable, or faith-based organizations. (B) A contract must comply with federal requirements with respect to nondiscrimination and other requirements that safeguard the rights of participants. (C) Services may be provided under contract, certificate, voucher, or other form of disbursement.

(A) The department may contract with commercial, charitable, or faith-based organizations.

(B) A contract must comply with federal requirements with respect to nondiscrimination and other requirements that safeguard the rights of participants.

(C) Services may be provided under contract, certificate, voucher, or other form of disbursement.

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

Amended by Act 2019, No. 910,§ 507, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 506, eff. 7/1/2019.

Acts 1997, No. 1058, § 4; 2005, No. 1705, § 9.
Ark. Code Ann. § 20-48-401 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-401
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) [Repealed.] (2) "Center" means a human development center; and (3) "Superintendent" means the superintendent of a human development center. Amended by Act 2019, No. 389,§ 61, eff. 7/24/2019. Acts 1955, No. 6, § 1; A.S.A. 1947, § 59-1101.

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

(1) [Repealed.]

(2) "Center" means a human development center; and

(3) "Superintendent" means the superintendent of a human development center.

Amended by Act 2019, No. 389,§ 61, eff. 7/24/2019.

Acts 1955, No. 6, § 1; A.S.A. 1947, § 59-1101.
Ark. Code Ann. § 20-17-708 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-708
Disposition after use
Status: in_force

(a) At any time when a body as described in this subchapter has been used and deemed of no further value to medical science or study, the medical school shall cause the body to be buried or otherwise disposed of according to law, or the remains may be claimed by a member of the family of the deceased for burial at his or her expense if the body had been willed to the medical school. (b) If the body as described in § 20-17-703 is deemed unsuitable for anatomical study or research, the person having possession, charge, or control of the body shall be notified, and the body shall then be disposed of in accordance with existing laws, rules, and practices for disposing of unclaimed bodies. Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017. Acts 1959, No. 22, §§ 4, 8; A.S.A. 1947, §§ 82-405.2, 82-405.7.

(a) At any time when a body as described in this subchapter has been used and deemed of no further value to medical science or study, the medical school shall cause the body to be buried or otherwise disposed of according to law, or the remains may be claimed by a member of the family of the deceased for burial at his or her expense if the body had been willed to the medical school.

(b) If the body as described in § 20-17-703 is deemed unsuitable for anatomical study or research, the person having possession, charge, or control of the body shall be notified, and the body shall then be disposed of in accordance with existing laws, rules, and practices for disposing of unclaimed bodies.

Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.

Acts 1959, No. 22, §§ 4, 8; A.S.A. 1947, §§ 82-405.2, 82-405.7.
Ark. Code Ann. § 20-10-2006 — AR Code / Title 20 / Chapter 10 / Subchapter 20 / Section 20-10-2006
Application
Status: in_force

(a) This subchapter shall not apply to situations in which persons in independent apartments receive home health services as with the Meals on Wheels America program or other services by agencies such as the area agencies on aging but in which: (1) Congregate services are not offered; and (2) The situation is not advertised or publicly represented as assisted living, residential care, or a similar type of facility. (b) As used in this section, "congregate services" does not include: (1) Coordinating dining and social activities with a separately owned nonprofit senior citizen's center; or (2) Arrangements of other types between area agencies on aging and government-subsidized housing projects existing on April 13, 2005. Acts 2005, No. 2191, § 10.

(a) This subchapter shall not apply to situations in which persons in independent apartments receive home health services as with the Meals on Wheels America program or other services by agencies such as the area agencies on aging but in which: (1) Congregate services are not offered; and (2) The situation is not advertised or publicly represented as assisted living, residential care, or a similar type of facility.

(1) Congregate services are not offered; and

(2) The situation is not advertised or publicly represented as assisted living, residential care, or a similar type of facility.

(b) As used in this section, "congregate services" does not include: (1) Coordinating dining and social activities with a separately owned nonprofit senior citizen's center; or (2) Arrangements of other types between area agencies on aging and government-subsidized housing projects existing on April 13, 2005.

(1) Coordinating dining and social activities with a separately owned nonprofit senior citizen's center; or

(2) Arrangements of other types between area agencies on aging and government-subsidized housing projects existing on April 13, 2005.

Acts 2005, No. 2191, § 10.
Ark. Code Ann. § 20-17-702 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-702
Search for next of kin
Status: in_force

(a) (1) (A) The person who assumes original and lawful possession, charge, or control of any body as described in this subchapter shall conduct a diligent search for relatives or next of kin of the deceased, or that person shall request the county sheriff or such other person as may be required by law to conduct the search. (B) The search shall be completed within five (5) days of the death of the deceased or the date of the request, whichever is later. (2) The person conducting the search under subdivision (a)(1) of this section shall make every effort to find the spouse, if any, of the deceased. (3) If the person conducting the search is not satisfied that the putative spouse is, in fact, a legal spouse, or it is determined that no spouse exists, then every effort shall be made to find the parents and siblings, if any, of the deceased. (b) If the identity of the deceased is not known, the investigation shall include without limitation submittal of the unidentified deceased to the State Crime Laboratory for forensic examination and scientific identification that may include fingerprinting, dental examination, DNA analysis, and entry into the National Missing and Unidentified Persons System database. (c) If the deceased is eighteen (18) years of age or older, the person conducting the search shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the deceased was a veteran under § 20-17-1403 . (d) If a relative or next of kin does not claim the body, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the body for burial or cremation at his or her expense as described in § 20-17-706(a) -(c). (e) (1) If a party listed in subsection (d) of this section or a medical school does not claim the body, the person in possession, charge, or control of the unclaimed body shall bury, cremate, or donate the unclaimed body within ten (10) days after the date of death. (2) If the unclaimed body is cremated and a relative, next of kin, or other party described in subsection (d) of this section does not claim the unclaimed remains within five (5) days of cremation, the person in possession, charge, or control of the unclaimed body may dispose of the unclaimed remains in a manner permitted by law. (3) If money is discovered on the unclaimed body, the person in possession, charge, or control of the unclaimed body may use the money toward the disposition of the unclaimed body. (4) If the deceased had an estate, the estate is responsible for reimbursing the person in possession, charge, or control of the unclaimed body for all reasonable expenses incurred in relation to the disposition of the unclaimed body. (5) (A) The coroner in the county where the unclaimed body is located may assume possession, charge, or control of the unclaimed body and all obligations and benefits required of the person in possession, charge, or control of the unclaimed body. (B) (i) The person in possession, charge, or control of the unclaimed body may petition the county court where the unclaimed body is located for the county to take possession, charge, or control of the unclaimed body. (ii) The county court shall grant the county possession, charge, or control of the unclaimed body upon a finding that the county is able to address the disposition of the unclaimed body and the county is the proper county for disposition of the unclaimed body. Amended by Act 2019, No. 954,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017. Acts 1959, No. 22, § 5; A.S.A. 1947, § 82-405.3; Acts 1997, No. 404, § 1.

(a) (1) (A) The person who assumes original and lawful possession, charge, or control of any body as described in this subchapter shall conduct a diligent search for relatives or next of kin of the deceased, or that person shall request the county sheriff or such other person as may be required by law to conduct the search. (B) The search shall be completed within five (5) days of the death of the deceased or the date of the request, whichever is later. (2) The person conducting the search under subdivision (a)(1) of this section shall make every effort to find the spouse, if any, of the deceased. (3) If the person conducting the search is not satisfied that the putative spouse is, in fact, a legal spouse, or it is determined that no spouse exists, then every effort shall be made to find the parents and siblings, if any, of the deceased.

(1) (A) The person who assumes original and lawful possession, charge, or control of any body as described in this subchapter shall conduct a diligent search for relatives or next of kin of the deceased, or that person shall request the county sheriff or such other person as may be required by law to conduct the search. (B) The search shall be completed within five (5) days of the death of the deceased or the date of the request, whichever is later.

(A) The person who assumes original and lawful possession, charge, or control of any body as described in this subchapter shall conduct a diligent search for relatives or next of kin of the deceased, or that person shall request the county sheriff or such other person as may be required by law to conduct the search.

(B) The search shall be completed within five (5) days of the death of the deceased or the date of the request, whichever is later.

(2) The person conducting the search under subdivision (a)(1) of this section shall make every effort to find the spouse, if any, of the deceased.

(3) If the person conducting the search is not satisfied that the putative spouse is, in fact, a legal spouse, or it is determined that no spouse exists, then every effort shall be made to find the parents and siblings, if any, of the deceased.

(b) If the identity of the deceased is not known, the investigation shall include without limitation submittal of the unidentified deceased to the State Crime Laboratory for forensic examination and scientific identification that may include fingerprinting, dental examination, DNA analysis, and entry into the National Missing and Unidentified Persons System database.

(c) If the deceased is eighteen (18) years of age or older, the person conducting the search shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the deceased was a veteran under § 20-17-1403 .

(d) If a relative or next of kin does not claim the body, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the body for burial or cremation at his or her expense as described in § 20-17-706(a) -(c).

(e) (1) If a party listed in subsection (d) of this section or a medical school does not claim the body, the person in possession, charge, or control of the unclaimed body shall bury, cremate, or donate the unclaimed body within ten (10) days after the date of death. (2) If the unclaimed body is cremated and a relative, next of kin, or other party described in subsection (d) of this section does not claim the unclaimed remains within five (5) days of cremation, the person in possession, charge, or control of the unclaimed body may dispose of the unclaimed remains in a manner permitted by law. (3) If money is discovered on the unclaimed body, the person in possession, charge, or control of the unclaimed body may use the money toward the disposition of the unclaimed body. (4) If the deceased had an estate, the estate is responsible for reimbursing the person in possession, charge, or control of the unclaimed body for all reasonable expenses incurred in relation to the disposition of the unclaimed body. (5) (A) The coroner in the county where the unclaimed body is located may assume possession, charge, or control of the unclaimed body and all obligations and benefits required of the person in possession, charge, or control of the unclaimed body. (B) (i) The person in possession, charge, or control of the unclaimed body may petition the county court where the unclaimed body is located for the county to take possession, charge, or control of the unclaimed body. (ii) The county court shall grant the county possession, charge, or control of the unclaimed body upon a finding that the county is able to address the disposition of the unclaimed body and the county is the proper county for disposition of the unclaimed body.

(1) If a party listed in subsection (d) of this section or a medical school does not claim the body, the person in possession, charge, or control of the unclaimed body shall bury, cremate, or donate the unclaimed body within ten (10) days after the date of death.

(2) If the unclaimed body is cremated and a relative, next of kin, or other party described in subsection (d) of this section does not claim the unclaimed remains within five (5) days of cremation, the person in possession, charge, or control of the unclaimed body may dispose of the unclaimed remains in a manner permitted by law.

(3) If money is discovered on the unclaimed body, the person in possession, charge, or control of the unclaimed body may use the money toward the disposition of the unclaimed body.

(4) If the deceased had an estate, the estate is responsible for reimbursing the person in possession, charge, or control of the unclaimed body for all reasonable expenses incurred in relation to the disposition of the unclaimed body.

(5) (A) The coroner in the county where the unclaimed body is located may assume possession, charge, or control of the unclaimed body and all obligations and benefits required of the person in possession, charge, or control of the unclaimed body. (B) (i) The person in possession, charge, or control of the unclaimed body may petition the county court where the unclaimed body is located for the county to take possession, charge, or control of the unclaimed body. (ii) The county court shall grant the county possession, charge, or control of the unclaimed body upon a finding that the county is able to address the disposition of the unclaimed body and the county is the proper county for disposition of the unclaimed body.

(A) The coroner in the county where the unclaimed body is located may assume possession, charge, or control of the unclaimed body and all obligations and benefits required of the person in possession, charge, or control of the unclaimed body.

(B) (i) The person in possession, charge, or control of the unclaimed body may petition the county court where the unclaimed body is located for the county to take possession, charge, or control of the unclaimed body. (ii) The county court shall grant the county possession, charge, or control of the unclaimed body upon a finding that the county is able to address the disposition of the unclaimed body and the county is the proper county for disposition of the unclaimed body.

(i) The person in possession, charge, or control of the unclaimed body may petition the county court where the unclaimed body is located for the county to take possession, charge, or control of the unclaimed body.

(ii) The county court shall grant the county possession, charge, or control of the unclaimed body upon a finding that the county is able to address the disposition of the unclaimed body and the county is the proper county for disposition of the unclaimed body.

Amended by Act 2019, No. 954,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.

Acts 1959, No. 22, § 5; A.S.A. 1947, § 82-405.3; Acts 1997, No. 404, § 1.
Ark. Code Ann. § 20-48-611 — AR Code / Title 20 / Chapter 48 / Subchapter 6 / Section 20-48-611
Restriction by private property agreement void
Status: in_force

(a) Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property that would permit residential use of property but prohibit the use of the property as a Family Home I or Family Home II for individuals with intellectual or other developmental disabilities, to the extent of the prohibition, shall be void as against the public policy of this state and shall be given no legal or equitable force or effect. (b) Nothing in this subchapter shall be construed directly or analogously to affect the rights of property owners to exclude by express or judicially implied agreements other property uses which are not the subject of this subchapter. Amended by Act 2019, No. 1035,§ 34, eff. 7/24/2019. Acts 1987, No. 611, § 10.

(a) Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property that would permit residential use of property but prohibit the use of the property as a Family Home I or Family Home II for individuals with intellectual or other developmental disabilities, to the extent of the prohibition, shall be void as against the public policy of this state and shall be given no legal or equitable force or effect.

(b) Nothing in this subchapter shall be construed directly or analogously to affect the rights of property owners to exclude by express or judicially implied agreements other property uses which are not the subject of this subchapter.

Amended by Act 2019, No. 1035,§ 34, eff. 7/24/2019.

Acts 1987, No. 611, § 10.
Ark. Code Ann. § 20-10-502 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-502
Coordination of state and nonstate agencies
Status: in_force

(a) The state agencies which administer funds for long-term care shall work together to achieve a coordinated and accessible network of long-term care and related community-based services, utilizing an orderly and effective interagency referral system. (b) The state agencies shall develop procedures and guidelines to assure that coordination between state agencies in the long-term care network will take place. (c) Nonstate agencies shall be encouraged to participate in the long-term care network. (d) Any nonstate agency which receives state funds related to long-term care services shall be required to abide by the policies and procedures of the long-term care network. Acts 1981, No. 380, § 2; A.S.A. 1947, § 82-2227.

(a) The state agencies which administer funds for long-term care shall work together to achieve a coordinated and accessible network of long-term care and related community-based services, utilizing an orderly and effective interagency referral system.

(b) The state agencies shall develop procedures and guidelines to assure that coordination between state agencies in the long-term care network will take place.

(c) Nonstate agencies shall be encouraged to participate in the long-term care network.

(d) Any nonstate agency which receives state funds related to long-term care services shall be required to abide by the policies and procedures of the long-term care network.

Acts 1981, No. 380, § 2; A.S.A. 1947, § 82-2227.
Ark. Code Ann. § 20-9-206 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-206
Construction program - Survey and planning activities
Status: in_force

(a) The State Board of Health is empowered and directed to make an inventory of existing hospitals and medical facilities including public, nonprofit, and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities and, on the basis of the inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to the people of the state in accordance with the regulations prescribed by the federal act. (b) The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate hospital and medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the state. Acts 1961, No. 414, §§ 9, 10; A.S.A. 1947, §§ 82-335, 82-336.

(a) The State Board of Health is empowered and directed to make an inventory of existing hospitals and medical facilities including public, nonprofit, and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities and, on the basis of the inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to the people of the state in accordance with the regulations prescribed by the federal act.

(b) The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate hospital and medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the state.

Acts 1961, No. 414, §§ 9, 10; A.S.A. 1947, §§ 82-335, 82-336.
Ark. Code Ann. § 20-17-1406 — AR Code / Title 20 / Chapter 17 / Subchapter 14 / Section 20-17-1406
Transfer of a veteran's remains
Status: in_force

(a) (1) If the authorizing agent or funeral establishment determines that the unclaimed remains are those of a veteran, the remains may be relinquished to the control of: (A) A veterans service organization; or (B) The Department of Veterans Affairs or the United States Department of Veterans Affairs. (2) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs shall certify that the deceased veteran: (A) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and (B) Will be provided a dignified and honorable funeral at a veterans cemetery. (b) The funeral establishment shall: (1) Establish and maintain a record identifying the veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs receiving the deceased veteran's remains; and (2) Retain the records required under subdivision (b)(1) of this section for five (5) years from the date of transfer of the remains to the veterans service organization or the Department of Veterans Affairs or the United States Department of Veterans Affairs. Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.

(a) (1) If the authorizing agent or funeral establishment determines that the unclaimed remains are those of a veteran, the remains may be relinquished to the control of: (A) A veterans service organization; or (B) The Department of Veterans Affairs or the United States Department of Veterans Affairs. (2) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs shall certify that the deceased veteran: (A) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and (B) Will be provided a dignified and honorable funeral at a veterans cemetery.

(1) If the authorizing agent or funeral establishment determines that the unclaimed remains are those of a veteran, the remains may be relinquished to the control of: (A) A veterans service organization; or (B) The Department of Veterans Affairs or the United States Department of Veterans Affairs.

(A) A veterans service organization; or

(B) The Department of Veterans Affairs or the United States Department of Veterans Affairs.

(2) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs shall certify that the deceased veteran: (A) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and (B) Will be provided a dignified and honorable funeral at a veterans cemetery.

(A) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and

(B) Will be provided a dignified and honorable funeral at a veterans cemetery.

(b) The funeral establishment shall: (1) Establish and maintain a record identifying the veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs receiving the deceased veteran's remains; and (2) Retain the records required under subdivision (b)(1) of this section for five (5) years from the date of transfer of the remains to the veterans service organization or the Department of Veterans Affairs or the United States Department of Veterans Affairs.

(1) Establish and maintain a record identifying the veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs receiving the deceased veteran's remains; and

(2) Retain the records required under subdivision (b)(1) of this section for five (5) years from the date of transfer of the remains to the veterans service organization or the Department of Veterans Affairs or the United States Department of Veterans Affairs.

Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-80-402 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-402
Purpose
Status: in_force

(a) This subchapter shall apply only to urban property and shall be established to prevent waste of valuable real property already offered for public sale and not disposed of which has been certified to the office of the Commissioner of State Lands for nonpayment of ad valorem real property taxes. (b) The further intent of this section is to provide cities, incorporated towns, legal entities that intend to apply for an award of low-income housing tax credits under section 42 of the Internal Revenue Code, and community organizations the ability to better serve any eligible person in need of a homestead and to provide the eligible person the opportunity to hold and maintain a private residence, and to contribute to the taxing structure of the applicable taxing units. Acts 1993, No. 1009, § 3; 2011, No. 1013, § 1.

(a) This subchapter shall apply only to urban property and shall be established to prevent waste of valuable real property already offered for public sale and not disposed of which has been certified to the office of the Commissioner of State Lands for nonpayment of ad valorem real property taxes.

(b) The further intent of this section is to provide cities, incorporated towns, legal entities that intend to apply for an award of low-income housing tax credits under section 42 of the Internal Revenue Code, and community organizations the ability to better serve any eligible person in need of a homestead and to provide the eligible person the opportunity to hold and maintain a private residence, and to contribute to the taxing structure of the applicable taxing units.

Acts 1993, No. 1009, § 3; 2011, No. 1013, § 1.
Ark. Code Ann. § 20-13-814 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-814
Grants for rehabilitation services
Status: in_force

Grants may be awarded to providers, entities, or organizations with special competence in trauma rehabilitation services that provide rehabilitation services under this subchapter to trauma patients. Acts 2009, No. 393, § 1.

Grants may be awarded to providers, entities, or organizations with special competence in trauma rehabilitation services that provide rehabilitation services under this subchapter to trauma patients.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-25-109 — AR Code / Title 20 / Chapter 25 / Section 20-25-109
Label of compliance
Status: in_force

(a) No retailer shall sell or offer for sale to anyone within this state any manufactured home manufactured after June 15, 1976, unless the manufactured home bears a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development or its contract agent. (b) All manufacturers of new manufactured homes in this state shall cause to be affixed a United States Department of Housing and Urban Development label on all manufactured homes. (c) The Director of the Arkansas Manufactured Home Commission, acting as in-plant primary inspection agency on contract with the United States Department of Housing and Urban Development, shall issue labels to any manufacturer when he or she is sure, by inspection of the plant, that the manufacturer is complying with the federal Manufactured Home Construction and Safety Standards. (d) (1) All manufactured homes bearing a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development pursuant to this chapter shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the construction of such housing. (2) The determination by the United States Department of Housing and Urban Development of the scope of the approval is final. (e) No person shall alter or cause to be altered any manufactured home to which a label has been affixed if the alteration or conversion causes the manufactured home to be in violation of the federal Manufactured Home Construction and Safety Standards. Acts 1977, No. 419, §§ 4-6, 11; 1981, No. 533, §§ 4-6, 11; A.S.A. 1947, §§ 82-3018 -- 82-3020, 82-3025; Acts 2001, No. 1067, § 5; 2007, No. 1010, § 2.

(a) No retailer shall sell or offer for sale to anyone within this state any manufactured home manufactured after June 15, 1976, unless the manufactured home bears a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development or its contract agent.

(b) All manufacturers of new manufactured homes in this state shall cause to be affixed a United States Department of Housing and Urban Development label on all manufactured homes.

(c) The Director of the Arkansas Manufactured Home Commission, acting as in-plant primary inspection agency on contract with the United States Department of Housing and Urban Development, shall issue labels to any manufacturer when he or she is sure, by inspection of the plant, that the manufacturer is complying with the federal Manufactured Home Construction and Safety Standards.

(d) (1) All manufactured homes bearing a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development pursuant to this chapter shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the construction of such housing. (2) The determination by the United States Department of Housing and Urban Development of the scope of the approval is final.

(1) All manufactured homes bearing a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development pursuant to this chapter shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the construction of such housing.

(2) The determination by the United States Department of Housing and Urban Development of the scope of the approval is final.

(e) No person shall alter or cause to be altered any manufactured home to which a label has been affixed if the alteration or conversion causes the manufactured home to be in violation of the federal Manufactured Home Construction and Safety Standards.

Acts 1977, No. 419, §§ 4-6, 11; 1981, No. 533, §§ 4-6, 11; A.S.A. 1947, §§ 82-3018 -- 82-3020, 82-3025; Acts 2001, No. 1067, § 5; 2007, No. 1010, § 2.
Ark. Code Ann. § 20-6-408 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-408
Clergy member or lay person offering religious or spiritual support visitation
Status: in_force

(a) A clergy member or lay person offering religious or spiritual support may be physically present with a patient to pray with or offer spiritual support for the patient while the patient receives care in a healthcare facility. (b) If a healthcare facility has a visitation policy that allows in-person visitation of any kind, the healthcare facility shall allow a clergy member to visit a patient who requests a visit in person or consents to be visited in person for religious purposes by a clergy member, including during a state of emergency. (c) Notwithstanding any other provision of this chapter, when a patient's death is imminent, the healthcare facility shall allow a clergy member to visit a patient in person for religious purposes if: (1) The patient requests or consents to be visited by the clergy member; or (2) The patient's healthcare agent or support person requests that the patient be visited by the clergy member. (d) (1) The healthcare facility may require the clergy member to comply with reasonable health and safety precautions, including reasonable health screenings and wearing personal protective equipment, imposed by the healthcare facility in connection with in-person visitation for the prevention of spreading communicable diseases unless the precaution substantially burdens the ability of the clergy member to freely exercise his or her religion. (2) If the requirements substantially burden the ability of the clergy member, the healthcare facility may require compliance with the precautions only if compliance in that instance furthers a compelling government interest and imposes the least restrictive burden on the clergy member's exercise of religion. (3) Notwithstanding any other provision in this chapter, a healthcare facility may restrict visits of a clergy member who fails a reasonable health screening measure or tests positive for a communicable disease. (e) (1) (A) The protection afforded by this section is in addition to the protections provided under federal law, state law, and the Arkansas Constitution and the United States Constitution. (B) This section does not: (i) Preempt or repeal any state or local law that is equally or more protective of clergy member visitation rights; or (ii) Narrow the meaning or application of any state or local law protecting clergy member visitation. (2) (A) This section applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after August 1, 2023. (B) State laws enacted after August 1, 2023 are subject to this section unless the law explicitly excludes application by reference to this section. Amended by Act 2023, No. 716,§ 1, eff. 8/1/2023. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) A clergy member or lay person offering religious or spiritual support may be physically present with a patient to pray with or offer spiritual support for the patient while the patient receives care in a healthcare facility.

(b) If a healthcare facility has a visitation policy that allows in-person visitation of any kind, the healthcare facility shall allow a clergy member to visit a patient who requests a visit in person or consents to be visited in person for religious purposes by a clergy member, including during a state of emergency.

(c) Notwithstanding any other provision of this chapter, when a patient's death is imminent, the healthcare facility shall allow a clergy member to visit a patient in person for religious purposes if: (1) The patient requests or consents to be visited by the clergy member; or (2) The patient's healthcare agent or support person requests that the patient be visited by the clergy member.

(1) The patient requests or consents to be visited by the clergy member; or

(2) The patient's healthcare agent or support person requests that the patient be visited by the clergy member.

(d) (1) The healthcare facility may require the clergy member to comply with reasonable health and safety precautions, including reasonable health screenings and wearing personal protective equipment, imposed by the healthcare facility in connection with in-person visitation for the prevention of spreading communicable diseases unless the precaution substantially burdens the ability of the clergy member to freely exercise his or her religion. (2) If the requirements substantially burden the ability of the clergy member, the healthcare facility may require compliance with the precautions only if compliance in that instance furthers a compelling government interest and imposes the least restrictive burden on the clergy member's exercise of religion. (3) Notwithstanding any other provision in this chapter, a healthcare facility may restrict visits of a clergy member who fails a reasonable health screening measure or tests positive for a communicable disease.

(1) The healthcare facility may require the clergy member to comply with reasonable health and safety precautions, including reasonable health screenings and wearing personal protective equipment, imposed by the healthcare facility in connection with in-person visitation for the prevention of spreading communicable diseases unless the precaution substantially burdens the ability of the clergy member to freely exercise his or her religion.

(2) If the requirements substantially burden the ability of the clergy member, the healthcare facility may require compliance with the precautions only if compliance in that instance furthers a compelling government interest and imposes the least restrictive burden on the clergy member's exercise of religion.

(3) Notwithstanding any other provision in this chapter, a healthcare facility may restrict visits of a clergy member who fails a reasonable health screening measure or tests positive for a communicable disease.

(e) (1) (A) The protection afforded by this section is in addition to the protections provided under federal law, state law, and the Arkansas Constitution and the United States Constitution. (B) This section does not: (i) Preempt or repeal any state or local law that is equally or more protective of clergy member visitation rights; or (ii) Narrow the meaning or application of any state or local law protecting clergy member visitation. (2) (A) This section applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after August 1, 2023. (B) State laws enacted after August 1, 2023 are subject to this section unless the law explicitly excludes application by reference to this section.

(1) (A) The protection afforded by this section is in addition to the protections provided under federal law, state law, and the Arkansas Constitution and the United States Constitution. (B) This section does not: (i) Preempt or repeal any state or local law that is equally or more protective of clergy member visitation rights; or (ii) Narrow the meaning or application of any state or local law protecting clergy member visitation.

(A) The protection afforded by this section is in addition to the protections provided under federal law, state law, and the Arkansas Constitution and the United States Constitution.

(B) This section does not: (i) Preempt or repeal any state or local law that is equally or more protective of clergy member visitation rights; or (ii) Narrow the meaning or application of any state or local law protecting clergy member visitation.

(i) Preempt or repeal any state or local law that is equally or more protective of clergy member visitation rights; or

(ii) Narrow the meaning or application of any state or local law protecting clergy member visitation.

(2) (A) This section applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after August 1, 2023. (B) State laws enacted after August 1, 2023 are subject to this section unless the law explicitly excludes application by reference to this section.

(A) This section applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after August 1, 2023.

(B) State laws enacted after August 1, 2023 are subject to this section unless the law explicitly excludes application by reference to this section.

Amended by Act 2023, No. 716,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-77-123 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-123
Drugs for asthma and other respiratory diseases - Definitions
Status: in_force

(a) As used in this section: (1) "Drug Review Committee" means physicians and pharmacists who perform unbiased reviews of drugs to determine which drugs should be recommended for inclusion on the Preferred Drug List maintained by the Division of Medical Services of the Department of Human Services; (2) "Emergency override" means a process developed by the division that permits a pharmacist to obtain immediate permission to dispense an emergency supply of a drug prescribed by the treating physician to treat a medical emergency and for which Medicaid will provide reimbursement; (3) "Fail-first" means the requirement that a Preferred Drug List drug be utilized before the use of a non-Preferred Drug List drug; (4) "Override" means a process developed by the division that permits a physician to request review of and to seek permission to prescribe a non-Preferred Drug List drug for which Medicaid will provide reimbursement; (5) "Preferred Drug List" means a list of drugs within a class of drugs for which Medicaid will provide reimbursement without need of a prior authorization; and (6) "Unbiased review" means a review by physicians and pharmacists, selected, approved, or appointed by the division, of scientific evidence to determine the comparative effectiveness and safety of healthcare treatments of drugs within a class. (b) In the event that the division institutes a fail-first practice or policy for drugs for the treatment of asthma or other respiratory diseases, the division shall provide a process to request an override. (c) In cases of medical emergencies resulting from asthma or other acute respiratory diseases, the dispensing pharmacist shall seek an emergency override before dispensing the emergency supply of drug or drugs to treat the medical emergency condition. Acts 2005, No. 2251, § 1.

(a) As used in this section: (1) "Drug Review Committee" means physicians and pharmacists who perform unbiased reviews of drugs to determine which drugs should be recommended for inclusion on the Preferred Drug List maintained by the Division of Medical Services of the Department of Human Services; (2) "Emergency override" means a process developed by the division that permits a pharmacist to obtain immediate permission to dispense an emergency supply of a drug prescribed by the treating physician to treat a medical emergency and for which Medicaid will provide reimbursement; (3) "Fail-first" means the requirement that a Preferred Drug List drug be utilized before the use of a non-Preferred Drug List drug; (4) "Override" means a process developed by the division that permits a physician to request review of and to seek permission to prescribe a non-Preferred Drug List drug for which Medicaid will provide reimbursement; (5) "Preferred Drug List" means a list of drugs within a class of drugs for which Medicaid will provide reimbursement without need of a prior authorization; and (6) "Unbiased review" means a review by physicians and pharmacists, selected, approved, or appointed by the division, of scientific evidence to determine the comparative effectiveness and safety of healthcare treatments of drugs within a class.

(1) "Drug Review Committee" means physicians and pharmacists who perform unbiased reviews of drugs to determine which drugs should be recommended for inclusion on the Preferred Drug List maintained by the Division of Medical Services of the Department of Human Services;

(2) "Emergency override" means a process developed by the division that permits a pharmacist to obtain immediate permission to dispense an emergency supply of a drug prescribed by the treating physician to treat a medical emergency and for which Medicaid will provide reimbursement;

(3) "Fail-first" means the requirement that a Preferred Drug List drug be utilized before the use of a non-Preferred Drug List drug;

(4) "Override" means a process developed by the division that permits a physician to request review of and to seek permission to prescribe a non-Preferred Drug List drug for which Medicaid will provide reimbursement;

(5) "Preferred Drug List" means a list of drugs within a class of drugs for which Medicaid will provide reimbursement without need of a prior authorization; and

(6) "Unbiased review" means a review by physicians and pharmacists, selected, approved, or appointed by the division, of scientific evidence to determine the comparative effectiveness and safety of healthcare treatments of drugs within a class.

(b) In the event that the division institutes a fail-first practice or policy for drugs for the treatment of asthma or other respiratory diseases, the division shall provide a process to request an override.

(c) In cases of medical emergencies resulting from asthma or other acute respiratory diseases, the dispensing pharmacist shall seek an emergency override before dispensing the emergency supply of drug or drugs to treat the medical emergency condition.

Acts 2005, No. 2251, § 1.
Ark. Code Ann. § 20-27-501 — AR Code / Title 20 / Chapter 27 / Subchapter 5 / Section 20-27-501
Label required
Status: in_force

The sellers of all eyeglasses sold in the State of Arkansas shall furnish at the time of sale or delivery thereof a card, sticker, or tag indicating to the purchaser or receiver of the eyeglasses either that the lenses in the glasses are impact resistant or that the lenses are nonimpact resistant. Acts 1969, No. 225, § 1; A.S.A. 1947, § 72-820.

The sellers of all eyeglasses sold in the State of Arkansas shall furnish at the time of sale or delivery thereof a card, sticker, or tag indicating to the purchaser or receiver of the eyeglasses either that the lenses in the glasses are impact resistant or that the lenses are nonimpact resistant.

Acts 1969, No. 225, § 1; A.S.A. 1947, § 72-820.
Ark. Code Ann. § 20-79-205 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-205
Administration
Status: in_force

The Director of the Division of Workforce Services shall provide the rehabilitation services authorized by this subchapter to persons with physical or intellectual disabilities, including blind citizens and those who can benefit from independent living services, as determined by the Commissioner of Arkansas Rehabilitation Services to be eligible therefor. In carrying out the purposes of this subchapter, Arkansas Rehabilitation Services is authorized, among other things: (1) To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise the local agency in the administration of that part; (2) To enter into reciprocal agreements with other states to provide for the services authorized by this subchapter to residents of the state concerned; (3) To conduct research and compile statistics relating to the provision of services or the need of services of individuals with a disability; (4) To license a person with a visual impairment to operate vending stands under its supervision and control and subject to the terms and conditions in rules issued pursuant to § 20-79-204(b)(1) on: (A) State property; (B) County or municipal property; (C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act and any amendment thereto or any act of the United States Congress relating to this subject; (D) Private property; and (E) Subject to Acts 1945, No. 142, § 2 [superseded]; and (5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by individuals with a severe disability, including persons with a visual impairment, where the operation will be improved through the management and supervision of Arkansas Rehabilitation Services. Amended by Act 2021, No. 478,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2301, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 85, eff. 7/24/2019. Acts 1955, No. 43, § 6; 1959, No. 34, § 6; A.S.A. 1947, § 80-2545.

The Director of the Division of Workforce Services shall provide the rehabilitation services authorized by this subchapter to persons with physical or intellectual disabilities, including blind citizens and those who can benefit from independent living services, as determined by the Commissioner of Arkansas Rehabilitation Services to be eligible therefor. In carrying out the purposes of this subchapter, Arkansas Rehabilitation Services is authorized, among other things:

(1) To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise the local agency in the administration of that part;

(2) To enter into reciprocal agreements with other states to provide for the services authorized by this subchapter to residents of the state concerned;

(3) To conduct research and compile statistics relating to the provision of services or the need of services of individuals with a disability;

(4) To license a person with a visual impairment to operate vending stands under its supervision and control and subject to the terms and conditions in rules issued pursuant to § 20-79-204(b)(1) on: (A) State property; (B) County or municipal property; (C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act and any amendment thereto or any act of the United States Congress relating to this subject; (D) Private property; and (E) Subject to Acts 1945, No. 142, § 2 [superseded]; and

(A) State property;

(B) County or municipal property;

(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act and any amendment thereto or any act of the United States Congress relating to this subject;

(D) Private property; and

(E) Subject to Acts 1945, No. 142, § 2 [superseded]; and

(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by individuals with a severe disability, including persons with a visual impairment, where the operation will be improved through the management and supervision of Arkansas Rehabilitation Services.

Amended by Act 2021, No. 478,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2301, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 85, eff. 7/24/2019.

Acts 1955, No. 43, § 6; 1959, No. 34, § 6; A.S.A. 1947, § 80-2545.
Ark. Code Ann. § 20-61-302 — AR Code / Title 20 / Chapter 61 / Subchapter 3 / Section 20-61-302
Identification required
Status: in_force

(a) A catfish or catfish-like product shall not be offered for direct retail sale for human consumption by a restaurant or other eating establishment unless the catfish or catfish-like product name is identified on the menu in the following manner: (1) "Farm-Raised Catfish", if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture; (2) "River or Lake Catfish", if the product has been produced in any freshwater lake, river, or stream of the state, but has not been produced according to the usual and customary techniques of commercial aquaculture; (3) (A) "Imported", if the catfish or catfish-like product is produced from fresh water, either according to the usual and customary techniques of aquaculture, in or from freshwater lakes, rivers, or streams of a country other than the United States. (B) The label "Imported" shall be identified on the menu next to the fish offered for sale in a similar type size and font as the fish offered for sale; and (4) "Ocean Catfish", if the catfish product is produced from marine or estuarine waters in the United States. (b) A restaurant serving a catfish or catfish-like product that is required to be labeled as "Imported", upon the request of the customer, shall disclose the specific source of the catfish or catfish-like product. (c) As used in this subchapter, "catfish" and "catfish-like" mean the same as defined under the Arkansas Catfish Marketing Act of 1975, § 20-61-201 et seq. Amended by Act 2015, No. 1191,§ 5, eff. 1/1/2016. Acts 1981, No. 77, § 1; A.S.A. 1947, § 82-995.1; Acts 2003, No. 1024, § 5.

(a) A catfish or catfish-like product shall not be offered for direct retail sale for human consumption by a restaurant or other eating establishment unless the catfish or catfish-like product name is identified on the menu in the following manner: (1) "Farm-Raised Catfish", if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture; (2) "River or Lake Catfish", if the product has been produced in any freshwater lake, river, or stream of the state, but has not been produced according to the usual and customary techniques of commercial aquaculture; (3) (A) "Imported", if the catfish or catfish-like product is produced from fresh water, either according to the usual and customary techniques of aquaculture, in or from freshwater lakes, rivers, or streams of a country other than the United States. (B) The label "Imported" shall be identified on the menu next to the fish offered for sale in a similar type size and font as the fish offered for sale; and (4) "Ocean Catfish", if the catfish product is produced from marine or estuarine waters in the United States.

(1) "Farm-Raised Catfish", if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture;

(2) "River or Lake Catfish", if the product has been produced in any freshwater lake, river, or stream of the state, but has not been produced according to the usual and customary techniques of commercial aquaculture;

(3) (A) "Imported", if the catfish or catfish-like product is produced from fresh water, either according to the usual and customary techniques of aquaculture, in or from freshwater lakes, rivers, or streams of a country other than the United States. (B) The label "Imported" shall be identified on the menu next to the fish offered for sale in a similar type size and font as the fish offered for sale; and

(A) "Imported", if the catfish or catfish-like product is produced from fresh water, either according to the usual and customary techniques of aquaculture, in or from freshwater lakes, rivers, or streams of a country other than the United States.

(B) The label "Imported" shall be identified on the menu next to the fish offered for sale in a similar type size and font as the fish offered for sale; and

(4) "Ocean Catfish", if the catfish product is produced from marine or estuarine waters in the United States.

(b) A restaurant serving a catfish or catfish-like product that is required to be labeled as "Imported", upon the request of the customer, shall disclose the specific source of the catfish or catfish-like product.

(c) As used in this subchapter, "catfish" and "catfish-like" mean the same as defined under the Arkansas Catfish Marketing Act of 1975, § 20-61-201 et seq.

Amended by Act 2015, No. 1191,§ 5, eff. 1/1/2016.

Acts 1981, No. 77, § 1; A.S.A. 1947, § 82-995.1; Acts 2003, No. 1024, § 5.
Ark. Code Ann. § 20-10-1908 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1908
Determination of impartial decision maker and Office of Long-Term Care
Status: in_force

(a) (1) Upon the conclusion of all arguments by the parties, the impartial decision maker shall issue a written statement of findings that shall be entitled "Determinations". (2) The statement shall include: (A) A recitation of the deficiency tag numbers; (B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and (C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number. (b) (1) The determination of the impartial decision maker shall be provided to the parties. (2) (A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled "State Survey Agency Determination". (B) The state survey agency determination shall state: (i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency; (ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and (iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification. (c) A state survey agency determination is not subject to appeal, reargument, or reconsideration. (d) The office shall deliver a copy of the state survey agency determination to the long-term care facility and to the impartial decision maker. (e) (1) In accordance with the state survey agency determination, the office shall issue an amended statement of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies. (2) If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency. (f) The amended statement of deficiencies shall be provided to the long-term care facility. Acts 2003, No. 1108, § 1.

(a) (1) Upon the conclusion of all arguments by the parties, the impartial decision maker shall issue a written statement of findings that shall be entitled "Determinations". (2) The statement shall include: (A) A recitation of the deficiency tag numbers; (B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and (C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.

(1) Upon the conclusion of all arguments by the parties, the impartial decision maker shall issue a written statement of findings that shall be entitled "Determinations".

(2) The statement shall include: (A) A recitation of the deficiency tag numbers; (B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and (C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.

(A) A recitation of the deficiency tag numbers;

(B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and

(C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.

(b) (1) The determination of the impartial decision maker shall be provided to the parties. (2) (A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled "State Survey Agency Determination". (B) The state survey agency determination shall state: (i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency; (ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and (iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.

(1) The determination of the impartial decision maker shall be provided to the parties.

(2) (A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled "State Survey Agency Determination". (B) The state survey agency determination shall state: (i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency; (ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and (iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.

(A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled "State Survey Agency Determination".

(B) The state survey agency determination shall state: (i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency; (ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and (iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.

(i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency;

(ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and

(iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.

(c) A state survey agency determination is not subject to appeal, reargument, or reconsideration.

(d) The office shall deliver a copy of the state survey agency determination to the long-term care facility and to the impartial decision maker.

(e) (1) In accordance with the state survey agency determination, the office shall issue an amended statement of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies. (2) If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.

(1) In accordance with the state survey agency determination, the office shall issue an amended statement of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.

(2) If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.

(f) The amended statement of deficiencies shall be provided to the long-term care facility.

Acts 2003, No. 1108, § 1.
Ark. Code Ann. § 20-76-410 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-410
Administrative sanctions - Transitional employment assistance
Status: in_force

(a) A reduction in financial assistance or case closure shall be imposed in the following situations: (1) The individual fails without good cause to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; (2) The individual refuses to accept employment without good cause; (3) The individual quits employment without good cause; (4) The individual fails without good cause to comply with the provisions of the employment plan; (5) The individual fails without good cause to comply with the provisions of the personal responsibility agreement; or (6) The individual flees prosecution or custody or confinement following conviction or is in violation of the terms or conditions of parole, post-release supervision, or probation. (b) The Department of Human Services may define by rule additional situations that require sanction, establish additional sanctions, and provide for administrative disqualification. (c) (1) If a parent fails to comply with the Transitional Employment Assistance Program requirements, financial assistance for the child or children may be continued under subdivisions (a)(1)-(5) of this section, and the department shall suspend the family's assistance for one (1) month. (2) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days after the face-to-face meeting and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the family. (3) If the parent fails to come into compliance during the period of suspended benefits, the family's financial assistance may be reduced by up to twenty-five percent (25%) for the next three (3) months if noncompliance continues. (4) If the parent's noncompliance continues after the fourth month, the department shall suspend the family's financial assistance for two (2) months. (5) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the parent. (E) If the parent fails to come into compliance during the second period of suspended benefits, the family's financial assistance may be reduced by up to fifty percent (50%) for the next three (3) months, if noncompliance continues. (F) Months during which cash assistance benefits are suspended shall not count toward the family's twelve-month limit on receiving Transitional Employment Assistance Program assistance. (G) The Transitional Employment Assistance Program cash assistance case shall be closed if noncompliance continues after the end of the period under this subdivision (c)(5). (6) The department shall arrange a home visit with the family during the last month of the sanction to determine the well-being of the child or children and to determine whether additional services are required to protect the well-being of the child or children. (7) Medicaid and food stamp benefits shall be continued without need for reapplication if the family is being sanctioned and for as long as the family remains eligible under the requirements of those programs. (8) Department staff may contract with other state agencies, local coalitions, or appropriate community organizations to carry out the strong efforts to communicate with families facing sanction and to conduct the face-to-face meetings and home visits specified in this section. (d) The department shall include in the comprehensive annual program report information on the families sanctioned and the outcomes of the home visits to the Governor and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (e) When appropriate, protective payees may be designated by the department and may include: (1) A relative or other individual who is interested in or concerned with the welfare of the child or children and agrees in writing to utilize the assistance in the best interests of the child or children; (2) A member of the community affiliated with a religious, community, neighborhood, or charitable organization who agrees in writing to utilize the assistance in the best interests of the child or children; or (3) A volunteer or member of an organization who agrees in writing to utilize the assistance in the best interests of the child or children. (f) (1) If it is in the best interest of the child or children, as determined by the department, for the staff member of a private agency, a public agency, the department, or any other appropriate organization to serve as a protective payee, the designation may be made. (2) However, a protective payee shall not be any individual involved in determining eligibility for assistance for the family, staff handling any fiscal pressures related to the issuance of assistance, or landlords, grocers, or vendors of goods, services, or items dealing directly with the recipient. Amended by Act 2023, No. 659,§ 245, eff. 1/1/2024. Amended by Act 2023, No. 832,§ 12, eff. 7/1/2023. Amended by Act 2023, No. 266,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 526, eff. 7/1/2019. Amended by Act 2013, No. 1132,§ 44, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 43, eff. 8/16/2013. Acts 1939, No. 280, § 21; 1953, No. 177, § 3; 1957, No. 314, § 1; 1965 (1st Ex. Sess.), No. 34, § 2; 1965 (2nd Ex. Sess.), No. 14, § 3; 1967, No. 374, § 3; 1983, No. 780, §§ 1, 2; A.S.A. 1947, §§ 83-127 -- 83-127.2; Acts 1997, No. 1058, § 17; 1999, No. 1567, § 15; 2001, No. 1264, § 9; 2005, No. 1705, § 14; 2007, No. 514, § 15; 2011, No. 817, § 3.

(a) A reduction in financial assistance or case closure shall be imposed in the following situations: (1) The individual fails without good cause to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; (2) The individual refuses to accept employment without good cause; (3) The individual quits employment without good cause; (4) The individual fails without good cause to comply with the provisions of the employment plan; (5) The individual fails without good cause to comply with the provisions of the personal responsibility agreement; or (6) The individual flees prosecution or custody or confinement following conviction or is in violation of the terms or conditions of parole, post-release supervision, or probation.

(1) The individual fails without good cause to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration;

(2) The individual refuses to accept employment without good cause;

(3) The individual quits employment without good cause;

(4) The individual fails without good cause to comply with the provisions of the employment plan;

(5) The individual fails without good cause to comply with the provisions of the personal responsibility agreement; or

(6) The individual flees prosecution or custody or confinement following conviction or is in violation of the terms or conditions of parole, post-release supervision, or probation.

(b) The Department of Human Services may define by rule additional situations that require sanction, establish additional sanctions, and provide for administrative disqualification.

(c) (1) If a parent fails to comply with the Transitional Employment Assistance Program requirements, financial assistance for the child or children may be continued under subdivisions (a)(1)-(5) of this section, and the department shall suspend the family's assistance for one (1) month. (2) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days after the face-to-face meeting and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the family. (3) If the parent fails to come into compliance during the period of suspended benefits, the family's financial assistance may be reduced by up to twenty-five percent (25%) for the next three (3) months if noncompliance continues. (4) If the parent's noncompliance continues after the fourth month, the department shall suspend the family's financial assistance for two (2) months. (5) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the parent. (E) If the parent fails to come into compliance during the second period of suspended benefits, the family's financial assistance may be reduced by up to fifty percent (50%) for the next three (3) months, if noncompliance continues. (F) Months during which cash assistance benefits are suspended shall not count toward the family's twelve-month limit on receiving Transitional Employment Assistance Program assistance. (G) The Transitional Employment Assistance Program cash assistance case shall be closed if noncompliance continues after the end of the period under this subdivision (c)(5). (6) The department shall arrange a home visit with the family during the last month of the sanction to determine the well-being of the child or children and to determine whether additional services are required to protect the well-being of the child or children. (7) Medicaid and food stamp benefits shall be continued without need for reapplication if the family is being sanctioned and for as long as the family remains eligible under the requirements of those programs. (8) Department staff may contract with other state agencies, local coalitions, or appropriate community organizations to carry out the strong efforts to communicate with families facing sanction and to conduct the face-to-face meetings and home visits specified in this section.

(1) If a parent fails to comply with the Transitional Employment Assistance Program requirements, financial assistance for the child or children may be continued under subdivisions (a)(1)-(5) of this section, and the department shall suspend the family's assistance for one (1) month.

(2) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days after the face-to-face meeting and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the family.

(A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary.

(B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty.

(i) The reason that the family has been found to be noncompliant;

(ii) The penalty that will be imposed; and

(iii) The opportunity to correct that noncompliance and avoid the penalty.

(C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children.

(D) If the parent comes into compliance within fifteen (15) business days after the face-to-face meeting and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the family.

(3) If the parent fails to come into compliance during the period of suspended benefits, the family's financial assistance may be reduced by up to twenty-five percent (25%) for the next three (3) months if noncompliance continues.

(4) If the parent's noncompliance continues after the fourth month, the department shall suspend the family's financial assistance for two (2) months.

(5) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the parent. (E) If the parent fails to come into compliance during the second period of suspended benefits, the family's financial assistance may be reduced by up to fifty percent (50%) for the next three (3) months, if noncompliance continues. (F) Months during which cash assistance benefits are suspended shall not count toward the family's twelve-month limit on receiving Transitional Employment Assistance Program assistance. (G) The Transitional Employment Assistance Program cash assistance case shall be closed if noncompliance continues after the end of the period under this subdivision (c)(5).

(A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary.

(B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty.

(i) The reason that the family has been found to be noncompliant;

(ii) The penalty that will be imposed; and

(iii) The opportunity to correct that noncompliance and avoid the penalty.

(C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children.

(D) If the parent comes into compliance within fifteen (15) business days and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the parent.

(E) If the parent fails to come into compliance during the second period of suspended benefits, the family's financial assistance may be reduced by up to fifty percent (50%) for the next three (3) months, if noncompliance continues.

(F) Months during which cash assistance benefits are suspended shall not count toward the family's twelve-month limit on receiving Transitional Employment Assistance Program assistance.

(G) The Transitional Employment Assistance Program cash assistance case shall be closed if noncompliance continues after the end of the period under this subdivision (c)(5).

(6) The department shall arrange a home visit with the family during the last month of the sanction to determine the well-being of the child or children and to determine whether additional services are required to protect the well-being of the child or children.

(7) Medicaid and food stamp benefits shall be continued without need for reapplication if the family is being sanctioned and for as long as the family remains eligible under the requirements of those programs.

(8) Department staff may contract with other state agencies, local coalitions, or appropriate community organizations to carry out the strong efforts to communicate with families facing sanction and to conduct the face-to-face meetings and home visits specified in this section.

(d) The department shall include in the comprehensive annual program report information on the families sanctioned and the outcomes of the home visits to the Governor and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

(e) When appropriate, protective payees may be designated by the department and may include: (1) A relative or other individual who is interested in or concerned with the welfare of the child or children and agrees in writing to utilize the assistance in the best interests of the child or children; (2) A member of the community affiliated with a religious, community, neighborhood, or charitable organization who agrees in writing to utilize the assistance in the best interests of the child or children; or (3) A volunteer or member of an organization who agrees in writing to utilize the assistance in the best interests of the child or children.

(1) A relative or other individual who is interested in or concerned with the welfare of the child or children and agrees in writing to utilize the assistance in the best interests of the child or children;

(2) A member of the community affiliated with a religious, community, neighborhood, or charitable organization who agrees in writing to utilize the assistance in the best interests of the child or children; or

(3) A volunteer or member of an organization who agrees in writing to utilize the assistance in the best interests of the child or children.

(f) (1) If it is in the best interest of the child or children, as determined by the department, for the staff member of a private agency, a public agency, the department, or any other appropriate organization to serve as a protective payee, the designation may be made. (2) However, a protective payee shall not be any individual involved in determining eligibility for assistance for the family, staff handling any fiscal pressures related to the issuance of assistance, or landlords, grocers, or vendors of goods, services, or items dealing directly with the recipient.

(1) If it is in the best interest of the child or children, as determined by the department, for the staff member of a private agency, a public agency, the department, or any other appropriate organization to serve as a protective payee, the designation may be made.

(2) However, a protective payee shall not be any individual involved in determining eligibility for assistance for the family, staff handling any fiscal pressures related to the issuance of assistance, or landlords, grocers, or vendors of goods, services, or items dealing directly with the recipient.

Amended by Act 2023, No. 659,§ 245, eff. 1/1/2024.

Amended by Act 2023, No. 832,§ 12, eff. 7/1/2023.

Amended by Act 2023, No. 266,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 526, eff. 7/1/2019.

Amended by Act 2013, No. 1132,§ 44, eff. 8/16/2013.

Amended by Act 2013, No. 1132,§ 43, eff. 8/16/2013.

Acts 1939, No. 280, § 21; 1953, No. 177, § 3; 1957, No. 314, § 1; 1965 (1st Ex. Sess.), No. 34, § 2; 1965 (2nd Ex. Sess.), No. 14, § 3; 1967, No. 374, § 3; 1983, No. 780, §§ 1, 2; A.S.A. 1947, §§ 83-127 -- 83-127.2; Acts 1997, No. 1058, § 17; 1999, No. 1567, § 15; 2001, No. 1264, § 9; 2005, No. 1705, § 14; 2007, No. 514, § 15; 2011, No. 817, § 3.
Ark. Code Ann. § 20-7-115 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-115
Transportation of dead bodies
Status: in_force

(a) (1) The State Board of Health shall prepare the necessary methods and forms and prescribe the rules regulating the issue and use of transfer permits, with the proper coupons attached thereto, to be issued by local organized boards of health or health officers, for the transportation of the dead bodies of persons that are to be transported for burial beyond the limits of the counties where the death occurred. (2) In all cases, the State Board of Health shall require the coupons to be attached to the permits, to be detached and preserved by every common carrier or the person in charge of any vessel, railroad train, or vehicle to whom the dead bodies shall be delivered for transportation. (b) Any violation of these rules shall be a misdemeanor. Amended by Act 2019, No. 315,§ 1806, eff. 7/24/2019. Acts 1881, No. 85, § 7, p. 177; C. & M. Dig., § 5131; Pope's Dig., § 6402; A.S.A. 1947, § 82-111.

(a) (1) The State Board of Health shall prepare the necessary methods and forms and prescribe the rules regulating the issue and use of transfer permits, with the proper coupons attached thereto, to be issued by local organized boards of health or health officers, for the transportation of the dead bodies of persons that are to be transported for burial beyond the limits of the counties where the death occurred. (2) In all cases, the State Board of Health shall require the coupons to be attached to the permits, to be detached and preserved by every common carrier or the person in charge of any vessel, railroad train, or vehicle to whom the dead bodies shall be delivered for transportation.

(1) The State Board of Health shall prepare the necessary methods and forms and prescribe the rules regulating the issue and use of transfer permits, with the proper coupons attached thereto, to be issued by local organized boards of health or health officers, for the transportation of the dead bodies of persons that are to be transported for burial beyond the limits of the counties where the death occurred.

(2) In all cases, the State Board of Health shall require the coupons to be attached to the permits, to be detached and preserved by every common carrier or the person in charge of any vessel, railroad train, or vehicle to whom the dead bodies shall be delivered for transportation.

(b) Any violation of these rules shall be a misdemeanor.

Amended by Act 2019, No. 315,§ 1806, eff. 7/24/2019.

Acts 1881, No. 85, § 7, p. 177; C. & M. Dig., § 5131; Pope's Dig., § 6402; A.S.A. 1947, § 82-111.
Ark. Code Ann. § 20-18-401 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-401
Birth registration generally
Status: in_force

(a) A certificate of birth for each live birth which occurs in this state shall be filed with the Division of Vital Records of the Department of Health, or as otherwise directed by the State Registrar of Vital Records, within ten (10) days after the birth and shall be registered if it has been completed and filed in accordance with this section. (b) When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place, time, and date stated on the certificate either by signature or in an approved electronic process, and file the certificate as directed in subsection (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within seventy-two (72) hours after the birth. (c) When a birth occurs outside an institution: (1) The certificate shall be prepared and filed by one (1) of the following in the indicated order of priority: (A) The physician in attendance at or immediately after the birth, or in the absence of such a person; (B) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or (C) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; and (2) The division shall determine what evidence may be required to establish the fact of birth. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state, but the certificate shall show the actual place of birth insofar as can be determined. (e) For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (f) of this section. (f) (1) If the mother was married at the time of either conception or birth or between conception and birth the name of the husband shall be entered on the certificate as the father of the child, unless: (A) Paternity has been determined otherwise by a court of competent jurisdiction; or (B) The mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, and the putative father executes an affidavit attesting that he is the father and the husband executes an affidavit attesting that he is not the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the putative father shall be shown as the father on the certificate and the parents may give the child any surname they choose. (2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate of birth without an affidavit of paternity signed by the mother and the person to be named as the father. The parents may give the child any surname they choose. (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court. (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate. (g) Either of the parents of the child or other informant shall verify by signature or electronic process the accuracy of the personal data to be entered on the certificate in time to permit the filing of the certificate within the ten (10) days prescribed in this section. (h) Certificates of birth filed after ten (10) days but within one (1) year from the date of birth shall be registered on the standard form of live birth certificate in the manner prescribed in this section. Such certificates shall not be marked "DELAYED". The state registrar may require additional evidence in support of the facts of birth. Acts 1981, No. 120, § 7; A.S.A. 1947, § 82-507; Acts 1989, No. 396, § 2; 1995, No. 1254, § 16.

(a) A certificate of birth for each live birth which occurs in this state shall be filed with the Division of Vital Records of the Department of Health, or as otherwise directed by the State Registrar of Vital Records, within ten (10) days after the birth and shall be registered if it has been completed and filed in accordance with this section.

(b) When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place, time, and date stated on the certificate either by signature or in an approved electronic process, and file the certificate as directed in subsection (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within seventy-two (72) hours after the birth.

(c) When a birth occurs outside an institution: (1) The certificate shall be prepared and filed by one (1) of the following in the indicated order of priority: (A) The physician in attendance at or immediately after the birth, or in the absence of such a person; (B) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or (C) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; and (2) The division shall determine what evidence may be required to establish the fact of birth.

(1) The certificate shall be prepared and filed by one (1) of the following in the indicated order of priority: (A) The physician in attendance at or immediately after the birth, or in the absence of such a person; (B) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or (C) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; and

(A) The physician in attendance at or immediately after the birth, or in the absence of such a person;

(B) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or

(C) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; and

(2) The division shall determine what evidence may be required to establish the fact of birth.

(d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state, but the certificate shall show the actual place of birth insofar as can be determined.

(e) For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (f) of this section.

(f) (1) If the mother was married at the time of either conception or birth or between conception and birth the name of the husband shall be entered on the certificate as the father of the child, unless: (A) Paternity has been determined otherwise by a court of competent jurisdiction; or (B) The mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, and the putative father executes an affidavit attesting that he is the father and the husband executes an affidavit attesting that he is not the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the putative father shall be shown as the father on the certificate and the parents may give the child any surname they choose. (2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate of birth without an affidavit of paternity signed by the mother and the person to be named as the father. The parents may give the child any surname they choose. (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court. (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

(1) If the mother was married at the time of either conception or birth or between conception and birth the name of the husband shall be entered on the certificate as the father of the child, unless: (A) Paternity has been determined otherwise by a court of competent jurisdiction; or (B) The mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, and the putative father executes an affidavit attesting that he is the father and the husband executes an affidavit attesting that he is not the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the putative father shall be shown as the father on the certificate and the parents may give the child any surname they choose.

(A) Paternity has been determined otherwise by a court of competent jurisdiction; or

(B) The mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, and the putative father executes an affidavit attesting that he is the father and the husband executes an affidavit attesting that he is not the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the putative father shall be shown as the father on the certificate and the parents may give the child any surname they choose.

(2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate of birth without an affidavit of paternity signed by the mother and the person to be named as the father. The parents may give the child any surname they choose.

(3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

(4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

(g) Either of the parents of the child or other informant shall verify by signature or electronic process the accuracy of the personal data to be entered on the certificate in time to permit the filing of the certificate within the ten (10) days prescribed in this section.

(h) Certificates of birth filed after ten (10) days but within one (1) year from the date of birth shall be registered on the standard form of live birth certificate in the manner prescribed in this section. Such certificates shall not be marked "DELAYED". The state registrar may require additional evidence in support of the facts of birth.

Acts 1981, No. 120, § 7; A.S.A. 1947, § 82-507; Acts 1989, No. 396, § 2; 1995, No. 1254, § 16.
Ark. Code Ann. § 20-17-1016 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1016
Permanent maintenance fund - Required deposits
Status: in_force

(a) Unless a greater amount is established by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a cemetery company shall deposit into its permanent maintenance fund a sum not less than: (1) Twenty percent (20%) of the gross proceeds from the sale of a lot or grave space in its cemetery; and (2) Five percent (5%) of the gross proceeds from the sale of a mausoleum crypt, lawn crypt, niche, or other similar entombment in its cemetery. (b) (1) The deposit shall be made by the cemetery company not later than forty-five (45) days after the final payment has been made. (2) However, any cemetery company making sales on installment sales contracts shall deposit the required percentage in accordance with the following: (A) If the cemetery company receives installment payments directly and if adequate records are maintained as to the full amount of sale, the receipts received, and the balance due, then the cemetery company shall deposit the required percentage of gross proceeds of sale into the permanent maintenance fund not later than the forty-fifth day after the final payment is made, or the cemetery company may deposit the required percentage of each amount received not later than the forty-fifth day after each installment payment by the purchaser; and (B) (i) If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted. (ii) The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on or fully satisfies his or her contract obligations. (iii) This restricted escrow account may be used by the bank or other financial institution as a part of its required reserve and may be used as recourse if the lot purchaser defaults on the contract. (iv) Upon default, the required percentage of the gross sales price which was placed in this escrow account may be withdrawn and used by the cemetery company. (v) Once final payment has been made, the required percentage of the gross sales price that was placed in an escrow account shall be withdrawn and placed into the permanent maintenance fund within five (5) business days. (vi) If the cemetery corporation enters into an agreement with the bank or other financial institution, which in the Insurance Commissioner's determination adequately provides for the safeguards set forth in subdivision (b)(2)(A) of this section, then subdivision (b)(2)(A) of this section is not applicable to the cemetery corporation. (3) If a cemetery company gives away a grave space or sells a grave space for a price less than the current market price, the gross sales proceeds received for a similar grave space in the immediately adjacent or similar location in the cemetery in a recent arms-length transaction shall be used as the basis to make the required permanent maintenance fund contribution for the gift or reduced price sale. (c) (1) If the cemetery company fails to make the required deposits in accordance with this section or if the moneys placed in escrow are not deposited as required by this subchapter, then the cemetery company shall be liable for and the board may collect as an additional contribution to the permanent maintenance fund ten dollars ($10.00) per day but in no instance in amounts to exceed five thousand dollars ($5,000) or the actual cost of the contract property or cemetery lots, whichever is greater, for the period of the failure. (2) Upon the refusal of the cemetery company to pay the board the penalty, the board may institute suit to recover the contribution and costs and such other relief as the state in its judgment deems proper and necessary. Amended by Act 2017, No. 788,§ 49, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 48, eff. 7/1/2018. Acts 1977, No. 352, § 13; 1981, No. 512, § 3; A.S.A. 1947, § 82-426.13; Acts 1997, No. 295, § 9; 2009, No. 714, § 3; 2011, No. 590, § 7.

(a) Unless a greater amount is established by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a cemetery company shall deposit into its permanent maintenance fund a sum not less than: (1) Twenty percent (20%) of the gross proceeds from the sale of a lot or grave space in its cemetery; and (2) Five percent (5%) of the gross proceeds from the sale of a mausoleum crypt, lawn crypt, niche, or other similar entombment in its cemetery.

(1) Twenty percent (20%) of the gross proceeds from the sale of a lot or grave space in its cemetery; and

(2) Five percent (5%) of the gross proceeds from the sale of a mausoleum crypt, lawn crypt, niche, or other similar entombment in its cemetery.

(b) (1) The deposit shall be made by the cemetery company not later than forty-five (45) days after the final payment has been made. (2) However, any cemetery company making sales on installment sales contracts shall deposit the required percentage in accordance with the following: (A) If the cemetery company receives installment payments directly and if adequate records are maintained as to the full amount of sale, the receipts received, and the balance due, then the cemetery company shall deposit the required percentage of gross proceeds of sale into the permanent maintenance fund not later than the forty-fifth day after the final payment is made, or the cemetery company may deposit the required percentage of each amount received not later than the forty-fifth day after each installment payment by the purchaser; and (B) (i) If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted. (ii) The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on or fully satisfies his or her contract obligations. (iii) This restricted escrow account may be used by the bank or other financial institution as a part of its required reserve and may be used as recourse if the lot purchaser defaults on the contract. (iv) Upon default, the required percentage of the gross sales price which was placed in this escrow account may be withdrawn and used by the cemetery company. (v) Once final payment has been made, the required percentage of the gross sales price that was placed in an escrow account shall be withdrawn and placed into the permanent maintenance fund within five (5) business days. (vi) If the cemetery corporation enters into an agreement with the bank or other financial institution, which in the Insurance Commissioner's determination adequately provides for the safeguards set forth in subdivision (b)(2)(A) of this section, then subdivision (b)(2)(A) of this section is not applicable to the cemetery corporation. (3) If a cemetery company gives away a grave space or sells a grave space for a price less than the current market price, the gross sales proceeds received for a similar grave space in the immediately adjacent or similar location in the cemetery in a recent arms-length transaction shall be used as the basis to make the required permanent maintenance fund contribution for the gift or reduced price sale.

(1) The deposit shall be made by the cemetery company not later than forty-five (45) days after the final payment has been made.

(2) However, any cemetery company making sales on installment sales contracts shall deposit the required percentage in accordance with the following: (A) If the cemetery company receives installment payments directly and if adequate records are maintained as to the full amount of sale, the receipts received, and the balance due, then the cemetery company shall deposit the required percentage of gross proceeds of sale into the permanent maintenance fund not later than the forty-fifth day after the final payment is made, or the cemetery company may deposit the required percentage of each amount received not later than the forty-fifth day after each installment payment by the purchaser; and (B) (i) If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted. (ii) The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on or fully satisfies his or her contract obligations. (iii) This restricted escrow account may be used by the bank or other financial institution as a part of its required reserve and may be used as recourse if the lot purchaser defaults on the contract. (iv) Upon default, the required percentage of the gross sales price which was placed in this escrow account may be withdrawn and used by the cemetery company. (v) Once final payment has been made, the required percentage of the gross sales price that was placed in an escrow account shall be withdrawn and placed into the permanent maintenance fund within five (5) business days. (vi) If the cemetery corporation enters into an agreement with the bank or other financial institution, which in the Insurance Commissioner's determination adequately provides for the safeguards set forth in subdivision (b)(2)(A) of this section, then subdivision (b)(2)(A) of this section is not applicable to the cemetery corporation.

(A) If the cemetery company receives installment payments directly and if adequate records are maintained as to the full amount of sale, the receipts received, and the balance due, then the cemetery company shall deposit the required percentage of gross proceeds of sale into the permanent maintenance fund not later than the forty-fifth day after the final payment is made, or the cemetery company may deposit the required percentage of each amount received not later than the forty-fifth day after each installment payment by the purchaser; and

(B) (i) If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted. (ii) The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on or fully satisfies his or her contract obligations. (iii) This restricted escrow account may be used by the bank or other financial institution as a part of its required reserve and may be used as recourse if the lot purchaser defaults on the contract. (iv) Upon default, the required percentage of the gross sales price which was placed in this escrow account may be withdrawn and used by the cemetery company. (v) Once final payment has been made, the required percentage of the gross sales price that was placed in an escrow account shall be withdrawn and placed into the permanent maintenance fund within five (5) business days. (vi) If the cemetery corporation enters into an agreement with the bank or other financial institution, which in the Insurance Commissioner's determination adequately provides for the safeguards set forth in subdivision (b)(2)(A) of this section, then subdivision (b)(2)(A) of this section is not applicable to the cemetery corporation.

(i) If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted.

(ii) The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on or fully satisfies his or her contract obligations.

(iii) This restricted escrow account may be used by the bank or other financial institution as a part of its required reserve and may be used as recourse if the lot purchaser defaults on the contract.

(iv) Upon default, the required percentage of the gross sales price which was placed in this escrow account may be withdrawn and used by the cemetery company.

(v) Once final payment has been made, the required percentage of the gross sales price that was placed in an escrow account shall be withdrawn and placed into the permanent maintenance fund within five (5) business days.

(vi) If the cemetery corporation enters into an agreement with the bank or other financial institution, which in the Insurance Commissioner's determination adequately provides for the safeguards set forth in subdivision (b)(2)(A) of this section, then subdivision (b)(2)(A) of this section is not applicable to the cemetery corporation.

(3) If a cemetery company gives away a grave space or sells a grave space for a price less than the current market price, the gross sales proceeds received for a similar grave space in the immediately adjacent or similar location in the cemetery in a recent arms-length transaction shall be used as the basis to make the required permanent maintenance fund contribution for the gift or reduced price sale.

(c) (1) If the cemetery company fails to make the required deposits in accordance with this section or if the moneys placed in escrow are not deposited as required by this subchapter, then the cemetery company shall be liable for and the board may collect as an additional contribution to the permanent maintenance fund ten dollars ($10.00) per day but in no instance in amounts to exceed five thousand dollars ($5,000) or the actual cost of the contract property or cemetery lots, whichever is greater, for the period of the failure. (2) Upon the refusal of the cemetery company to pay the board the penalty, the board may institute suit to recover the contribution and costs and such other relief as the state in its judgment deems proper and necessary.

(1) If the cemetery company fails to make the required deposits in accordance with this section or if the moneys placed in escrow are not deposited as required by this subchapter, then the cemetery company shall be liable for and the board may collect as an additional contribution to the permanent maintenance fund ten dollars ($10.00) per day but in no instance in amounts to exceed five thousand dollars ($5,000) or the actual cost of the contract property or cemetery lots, whichever is greater, for the period of the failure.

(2) Upon the refusal of the cemetery company to pay the board the penalty, the board may institute suit to recover the contribution and costs and such other relief as the state in its judgment deems proper and necessary.

Amended by Act 2017, No. 788,§ 49, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 48, eff. 7/1/2018.

Acts 1977, No. 352, § 13; 1981, No. 512, § 3; A.S.A. 1947, § 82-426.13; Acts 1997, No. 295, § 9; 2009, No. 714, § 3; 2011, No. 590, § 7.
Ark. Code Ann. § 20-9-304 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-304
Use of records for medical research
Status: in_force

(a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society, allied medical societies, or in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patients, used in the course of medical studies for the purpose of reducing morbidity or mortality, as provided in this section, shall be strictly confidential and shall be used only for medical research. (b) Any authorized person, hospital, sanatorium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality: (1) The board; (2) The Arkansas Medical Society or any committee or allied society thereof; (3) Any other national medical organization approved by the board or any committee or allied medical society therein; or (4) Any in-hospital staff committee of licensed hospitals. (c) No liability for damages or other relief shall arise or be enforced against any authorized person, institution, or organization for: (1) Providing the information or material; (2) Releasing or publishing the findings and conclusions of the groups to advance medical research and medical education; or (3) Releasing or publishing generally a summary of the studies. (d) (1) The identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. (2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor. (e) (1) Except for the original medical records pertaining to the patient, all information, interviews, reports, statements, memoranda, or other data furnished under this section and any findings or conclusions resulting from the studies are declared to be privileged communications that may not be used or offered or received in evidence in any legal proceeding of any kind. (2) Except for the original medical records pertaining to the patient, any attempt to use or offer the information, interviews, reports, statements, memoranda or other data, findings, or conclusions, or any part thereof, shall constitute prejudicial error in any proceeding unless waived by the interested parties. (f) (1) Physicians and others appointed to hospital utilization review committees for the purpose of determining the optimum use of hospital services shall be immune from liability with respect to decisions made as to utilization and actions thereunder so long as the physicians or others act in good faith. (2) However, nothing in this section shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient. (g) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient. Acts 1969, No. 198, §§ 1, 2; A.S.A. 1947, §§ 82-357, 82-358.

(a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society, allied medical societies, or in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patients, used in the course of medical studies for the purpose of reducing morbidity or mortality, as provided in this section, shall be strictly confidential and shall be used only for medical research.

(b) Any authorized person, hospital, sanatorium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality: (1) The board; (2) The Arkansas Medical Society or any committee or allied society thereof; (3) Any other national medical organization approved by the board or any committee or allied medical society therein; or (4) Any in-hospital staff committee of licensed hospitals.

(1) The board;

(2) The Arkansas Medical Society or any committee or allied society thereof;

(3) Any other national medical organization approved by the board or any committee or allied medical society therein; or

(4) Any in-hospital staff committee of licensed hospitals.

(c) No liability for damages or other relief shall arise or be enforced against any authorized person, institution, or organization for: (1) Providing the information or material; (2) Releasing or publishing the findings and conclusions of the groups to advance medical research and medical education; or (3) Releasing or publishing generally a summary of the studies.

(1) Providing the information or material;

(2) Releasing or publishing the findings and conclusions of the groups to advance medical research and medical education; or

(3) Releasing or publishing generally a summary of the studies.

(d) (1) The identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. (2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor.

(1) The identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances.

(2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor.

(e) (1) Except for the original medical records pertaining to the patient, all information, interviews, reports, statements, memoranda, or other data furnished under this section and any findings or conclusions resulting from the studies are declared to be privileged communications that may not be used or offered or received in evidence in any legal proceeding of any kind. (2) Except for the original medical records pertaining to the patient, any attempt to use or offer the information, interviews, reports, statements, memoranda or other data, findings, or conclusions, or any part thereof, shall constitute prejudicial error in any proceeding unless waived by the interested parties.

(1) Except for the original medical records pertaining to the patient, all information, interviews, reports, statements, memoranda, or other data furnished under this section and any findings or conclusions resulting from the studies are declared to be privileged communications that may not be used or offered or received in evidence in any legal proceeding of any kind.

(2) Except for the original medical records pertaining to the patient, any attempt to use or offer the information, interviews, reports, statements, memoranda or other data, findings, or conclusions, or any part thereof, shall constitute prejudicial error in any proceeding unless waived by the interested parties.

(f) (1) Physicians and others appointed to hospital utilization review committees for the purpose of determining the optimum use of hospital services shall be immune from liability with respect to decisions made as to utilization and actions thereunder so long as the physicians or others act in good faith. (2) However, nothing in this section shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient.

(1) Physicians and others appointed to hospital utilization review committees for the purpose of determining the optimum use of hospital services shall be immune from liability with respect to decisions made as to utilization and actions thereunder so long as the physicians or others act in good faith.

(2) However, nothing in this section shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient.

(g) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.

Acts 1969, No. 198, §§ 1, 2; A.S.A. 1947, §§ 82-357, 82-358.
Ark. Code Ann. § 20-48-605 — AR Code / Title 20 / Chapter 48 / Subchapter 6 / Section 20-48-605
Issuance and renewal of licenses
Status: in_force

(a) For the purposes of safeguarding the health and safety of individuals with intellectual or other developmental disabilities and avoiding over-concentration of Family Homes I and Family Homes II, either alone or in conjunction with similar community-based residences, the Division of Developmental Disabilities Services shall inspect and license the operation of family homes and may renew or revoke their licenses. (b) A license is valid for one (1) year from the date it is issued or renewed although the division may inspect the homes more frequently, if needed. (c) The division shall not issue or renew and may revoke the license of a family home not operating in compliance with this section and rules adopted hereunder. Amended by Act 2019, No. 315,§ 2156, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 33, eff. 7/24/2019. Acts 1987, No. 611, § 5.

(a) For the purposes of safeguarding the health and safety of individuals with intellectual or other developmental disabilities and avoiding over-concentration of Family Homes I and Family Homes II, either alone or in conjunction with similar community-based residences, the Division of Developmental Disabilities Services shall inspect and license the operation of family homes and may renew or revoke their licenses.

(b) A license is valid for one (1) year from the date it is issued or renewed although the division may inspect the homes more frequently, if needed.

(c) The division shall not issue or renew and may revoke the license of a family home not operating in compliance with this section and rules adopted hereunder.

Amended by Act 2019, No. 315,§ 2156, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 33, eff. 7/24/2019.

Acts 1987, No. 611, § 5.
Ark. Code Ann. § 20-16-1303 — AR Code / Title 20 / Chapter 16 / Subchapter 13 / Section 20-16-1303
Testing for heartbeat
Status: in_force

(a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat. (b) (1) A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice. (2) Tests performed under subdivision (b)(1) of this section shall be approved by the Arkansas State Medical Board. (c) The Arkansas State Medical Board shall adopt rules: (1) (A) Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual. (B) Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and (2) To define, based on available medical evidence, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat. (d) If a fetal heartbeat is detected during the test required under this section, the person performing the test shall inform the pregnant woman in writing: (1) That the unborn human individual that the pregnant woman is carrying possesses a heartbeat; (2) Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and (3) An abortion is prohibited under § 20-16-1304 . (e) If a heartbeat has been detected, the pregnant woman shall sign a form acknowledging that she has received the information required under subsection (d) of this section. Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.

(a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat.

(b) (1) A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice. (2) Tests performed under subdivision (b)(1) of this section shall be approved by the Arkansas State Medical Board.

(1) A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual according to standard medical practice, including the use of medical devices as determined by standard medical practice.

(2) Tests performed under subdivision (b)(1) of this section shall be approved by the Arkansas State Medical Board.

(c) The Arkansas State Medical Board shall adopt rules: (1) (A) Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual. (B) Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and (2) To define, based on available medical evidence, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat.

(1) (A) Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual. (B) Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and

(A) Based on standard medical practice for testing for the fetal heartbeat of an unborn human individual.

(B) Rules adopted under this subsection shall specify that a test for fetal heartbeat is not required in the case of a medical emergency; and

(2) To define, based on available medical evidence, the statistical probability of bringing an unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat.

(d) If a fetal heartbeat is detected during the test required under this section, the person performing the test shall inform the pregnant woman in writing: (1) That the unborn human individual that the pregnant woman is carrying possesses a heartbeat; (2) Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and (3) An abortion is prohibited under § 20-16-1304 .

(1) That the unborn human individual that the pregnant woman is carrying possesses a heartbeat;

(2) Of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectible heartbeat; and

(3) An abortion is prohibited under § 20-16-1304 .

(e) If a heartbeat has been detected, the pregnant woman shall sign a form acknowledging that she has received the information required under subsection (d) of this section.

Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-81-108 — AR Code / Title 20 / Chapter 81 / Section 20-81-108
Action by municipal governing bodies
Status: in_force

(a) County quorum courts, city councils, and other municipal governing bodies are authorized to appropriate money for the purpose of maintaining county and municipal offices jointly with the Department of Veterans Affairs, on either a full-time or part-time basis. (b) All offices shall be under the supervision of the Secretary of the Department of Veterans Affairs, and all work of the offices shall be coordinated with the department. Amended by Act 2019, No. 910,§ 6336, eff. 7/1/2019. Acts 1979, No. 324, § 10; A.S.A. 1947, § 11-1419.

(a) County quorum courts, city councils, and other municipal governing bodies are authorized to appropriate money for the purpose of maintaining county and municipal offices jointly with the Department of Veterans Affairs, on either a full-time or part-time basis.

(b) All offices shall be under the supervision of the Secretary of the Department of Veterans Affairs, and all work of the offices shall be coordinated with the department.

Amended by Act 2019, No. 910,§ 6336, eff. 7/1/2019.

Acts 1979, No. 324, § 10; A.S.A. 1947, § 11-1419.
Ark. Code Ann. § 20-36-104 — AR Code / Title 20 / Chapter 36 / Section 20-36-104
Penalty
Status: in_force

(a) (1) The Department of Health shall impose a civil penalty for a willful or knowing violation of this section in the amount of up to one thousand dollars ($1,000). (2) Each day of a continuing violation shall be a separate offense. (b) Any person wishing to contest a penalty shall be entitled to an administrative hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 2003, No. 1080, § 1.

(a) (1) The Department of Health shall impose a civil penalty for a willful or knowing violation of this section in the amount of up to one thousand dollars ($1,000). (2) Each day of a continuing violation shall be a separate offense.

(1) The Department of Health shall impose a civil penalty for a willful or knowing violation of this section in the amount of up to one thousand dollars ($1,000).

(2) Each day of a continuing violation shall be a separate offense.

(b) Any person wishing to contest a penalty shall be entitled to an administrative hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 2003, No. 1080, § 1.
Ark. Code Ann. § 20-77-314 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-314
Definitions
Status: in_force

As used in this subchapter: (1) "Action" or "claim" means a complaint, demand letter, or any other notification given to a third party by the Department of Human Services, the medical assistance recipient, the recipient's attorney, or any person acting on behalf of the recipient that the department or the medical assistance recipient requests payment from a third party for damages to the medical assistance recipient for injury, disease, disability, or death for which a third party is or may be liable; (2) (A) "Medical assistance recipient" means any person, including a minor, on whose behalf the department has paid medical assistance payments due to injury, disease, or disability. (B) "Medical assistance recipient" includes a party acting on behalf of the medical assistance recipient, such as a parent, guardian, conservator, other personal representative, estate, or survivor; and (3) "Third party" means an individual, entity, or a program that is or may be liable to pay all or part of the expenditures for medical assistance payments made by the department. Acts 2011, No. 630, § 1.

As used in this subchapter:

(1) "Action" or "claim" means a complaint, demand letter, or any other notification given to a third party by the Department of Human Services, the medical assistance recipient, the recipient's attorney, or any person acting on behalf of the recipient that the department or the medical assistance recipient requests payment from a third party for damages to the medical assistance recipient for injury, disease, disability, or death for which a third party is or may be liable;

(2) (A) "Medical assistance recipient" means any person, including a minor, on whose behalf the department has paid medical assistance payments due to injury, disease, or disability. (B) "Medical assistance recipient" includes a party acting on behalf of the medical assistance recipient, such as a parent, guardian, conservator, other personal representative, estate, or survivor; and

(A) "Medical assistance recipient" means any person, including a minor, on whose behalf the department has paid medical assistance payments due to injury, disease, or disability.

(B) "Medical assistance recipient" includes a party acting on behalf of the medical assistance recipient, such as a parent, guardian, conservator, other personal representative, estate, or survivor; and

(3) "Third party" means an individual, entity, or a program that is or may be liable to pay all or part of the expenditures for medical assistance payments made by the department.

Acts 2011, No. 630, § 1.
Ark. Code Ann. § 20-13-704 — AR Code / Title 20 / Chapter 13 / Subchapter 7 / Section 20-13-704
Certification as state poison control center - Liability
Status: in_force

(a) The program of the Arkansas Poison and Drug Information Center shall be structured and designed, to the extent resources permit, to meet the criteria for certification as a state poison control center by the American Association of Poison Control Centers. (b) None of the center personnel or its designees shall incur personal liability or be placed in any legal jeopardy for information proffered in good faith, professional judgments and responses provided for the system, or any good faith professional effort to effectuate the purposes of this subchapter. Acts 1991, No. 796, §§ 5, 7.

(a) The program of the Arkansas Poison and Drug Information Center shall be structured and designed, to the extent resources permit, to meet the criteria for certification as a state poison control center by the American Association of Poison Control Centers.

(b) None of the center personnel or its designees shall incur personal liability or be placed in any legal jeopardy for information proffered in good faith, professional judgments and responses provided for the system, or any good faith professional effort to effectuate the purposes of this subchapter.

Acts 1991, No. 796, §§ 5, 7.
Ark. Code Ann. § 20-10-1001 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1001
Title
Status: in_force

This subchapter may be known as the "Omnibus Long-Term Care Reform Act of 1988". Acts 1988 (4th Ex. Sess.), No. 17, § 1.

This subchapter may be known as the "Omnibus Long-Term Care Reform Act of 1988".

Acts 1988 (4th Ex. Sess.), No. 17, § 1.