Ark. Code Ann. § 20-7-140 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-140
Arkansas standards for human breast milk - Arkansas Breast Milk Bank
Status: in_force

(a) The Department of Health shall establish, by rule, standards for transporting, processing, and distributing commercial human breast milk on a for-profit or nonprofit basis in this state. (b) The department may: (1) Convene a committee of subject matter experts to assist in the development of the standards described in subsection (a) of this section; and (2) Develop programs to encourage the creation of nonprofit human breast milk depositories and banks, if funding is available. (c) (1) The Arkansas Breast Milk Bank is created within the University of Arkansas for Medical Sciences. (2) The Arkansas Breast Milk Bank shall: (A) Accept and provide breast milk to assist mothers and guardians in providing breast milk to their infants; (B) Screen all breast milk collected before distribution of the breast milk; (C) Collect a reasonable fee, if the University of Arkansas for Medical Sciences determines that a fee is necessary for the operation of the Arkansas Breast Milk Bank; and (D) Comply with all standards established by the department under subsection (a) of this section. (3) Any fees, donations, or collections generated from the Arkansas Breast Milk Bank shall be deposited into the State Treasury as special revenues and shall be credited to the Breast Milk Bank Special Fund to be used exclusively for the Arkansas Breast Milk Bank. Amended by Act 2021, No. 225,§ 1, eff. 7/28/2021. Added by Act 2019, No. 216,§ 1, eff. 7/24/2019.

(a) The Department of Health shall establish, by rule, standards for transporting, processing, and distributing commercial human breast milk on a for-profit or nonprofit basis in this state.

(b) The department may: (1) Convene a committee of subject matter experts to assist in the development of the standards described in subsection (a) of this section; and (2) Develop programs to encourage the creation of nonprofit human breast milk depositories and banks, if funding is available.

(1) Convene a committee of subject matter experts to assist in the development of the standards described in subsection (a) of this section; and

(2) Develop programs to encourage the creation of nonprofit human breast milk depositories and banks, if funding is available.

(c) (1) The Arkansas Breast Milk Bank is created within the University of Arkansas for Medical Sciences. (2) The Arkansas Breast Milk Bank shall: (A) Accept and provide breast milk to assist mothers and guardians in providing breast milk to their infants; (B) Screen all breast milk collected before distribution of the breast milk; (C) Collect a reasonable fee, if the University of Arkansas for Medical Sciences determines that a fee is necessary for the operation of the Arkansas Breast Milk Bank; and (D) Comply with all standards established by the department under subsection (a) of this section. (3) Any fees, donations, or collections generated from the Arkansas Breast Milk Bank shall be deposited into the State Treasury as special revenues and shall be credited to the Breast Milk Bank Special Fund to be used exclusively for the Arkansas Breast Milk Bank.

(1) The Arkansas Breast Milk Bank is created within the University of Arkansas for Medical Sciences.

(2) The Arkansas Breast Milk Bank shall: (A) Accept and provide breast milk to assist mothers and guardians in providing breast milk to their infants; (B) Screen all breast milk collected before distribution of the breast milk; (C) Collect a reasonable fee, if the University of Arkansas for Medical Sciences determines that a fee is necessary for the operation of the Arkansas Breast Milk Bank; and (D) Comply with all standards established by the department under subsection (a) of this section.

(A) Accept and provide breast milk to assist mothers and guardians in providing breast milk to their infants;

(B) Screen all breast milk collected before distribution of the breast milk;

(C) Collect a reasonable fee, if the University of Arkansas for Medical Sciences determines that a fee is necessary for the operation of the Arkansas Breast Milk Bank; and

(D) Comply with all standards established by the department under subsection (a) of this section.

(3) Any fees, donations, or collections generated from the Arkansas Breast Milk Bank shall be deposited into the State Treasury as special revenues and shall be credited to the Breast Milk Bank Special Fund to be used exclusively for the Arkansas Breast Milk Bank.

Amended by Act 2021, No. 225,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 216,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-22-901 — AR Code / Title 20 / Chapter 22 / Subchapter 9 / Section 20-22-901
Duty to respond to fires
Status: in_force

(a) (1) (A) Upon receipt of a report of an uncontrolled fire or a 911 or other emergency call reporting a fire, it shall be the duty of volunteer fire departments operating within the State of Arkansas to respond to, attempt to control, and put out all fires occurring within their respective districts involving any real or personal property, whether or not that property is owned by members of the fire district. (B) The volunteer fire department may seek payment or reimbursement from a member or nonmember of the fire district for one hundred percent (100%) of the expendable resources the volunteer fire department used to respond to an accident under subdivision (a)(1)(A) of this section if the accident involved personal property only. (2) However, unless the following circumstances exist, the volunteer fire department shall have no duty or authority to respond to or attempt to control and put out any fire that occurs on forest lands, cut-over lands, brush lands, or grasslands owned by a nonmember: (A) The fire poses an immediate threat to life of any person; (B) There is a written agreement between a nonmember owner of the real or personal property and the volunteer fire department requiring the fire department to respond; (C) The fire is in violation of a countywide fire ban; or (D) The fire poses an immediate threat to the real or personal property owned by a member of the district. (b) (1) (A) If the property is owned by a nonmember of the fire district, the volunteer fire department may recover from the nonmember property owner the reasonable value of its services. (B) Recovery under subdivision (b)(1)(A) of this section shall not exceed the fair market value of the services rendered. (2) (A) A claim for services in responding to a fire or accident involving only personal property shall be allowed only for personal property of nonmembers. (B) The claimed amount under subdivision (b)(2)(A) of this section shall not exceed one thousand dollars ($1,000). (C) (i) A claim under subdivision (b)(2)(A) of this section shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement under this subdivision (b)(2). (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013. Amended by Act 2013, No. 1345,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1345,§ 2, eff. 8/16/2013. Acts 1987, No. 836, § 1; 1997, No. 1150, § 1; 2003, No. 655, § 1; 2007, No. 581, § 1; 2009, No. 952, § 6; 2009, No. 1482, § 1.

(a) (1) (A) Upon receipt of a report of an uncontrolled fire or a 911 or other emergency call reporting a fire, it shall be the duty of volunteer fire departments operating within the State of Arkansas to respond to, attempt to control, and put out all fires occurring within their respective districts involving any real or personal property, whether or not that property is owned by members of the fire district. (B) The volunteer fire department may seek payment or reimbursement from a member or nonmember of the fire district for one hundred percent (100%) of the expendable resources the volunteer fire department used to respond to an accident under subdivision (a)(1)(A) of this section if the accident involved personal property only. (2) However, unless the following circumstances exist, the volunteer fire department shall have no duty or authority to respond to or attempt to control and put out any fire that occurs on forest lands, cut-over lands, brush lands, or grasslands owned by a nonmember: (A) The fire poses an immediate threat to life of any person; (B) There is a written agreement between a nonmember owner of the real or personal property and the volunteer fire department requiring the fire department to respond; (C) The fire is in violation of a countywide fire ban; or (D) The fire poses an immediate threat to the real or personal property owned by a member of the district.

(1) (A) Upon receipt of a report of an uncontrolled fire or a 911 or other emergency call reporting a fire, it shall be the duty of volunteer fire departments operating within the State of Arkansas to respond to, attempt to control, and put out all fires occurring within their respective districts involving any real or personal property, whether or not that property is owned by members of the fire district. (B) The volunteer fire department may seek payment or reimbursement from a member or nonmember of the fire district for one hundred percent (100%) of the expendable resources the volunteer fire department used to respond to an accident under subdivision (a)(1)(A) of this section if the accident involved personal property only.

(A) Upon receipt of a report of an uncontrolled fire or a 911 or other emergency call reporting a fire, it shall be the duty of volunteer fire departments operating within the State of Arkansas to respond to, attempt to control, and put out all fires occurring within their respective districts involving any real or personal property, whether or not that property is owned by members of the fire district.

(B) The volunteer fire department may seek payment or reimbursement from a member or nonmember of the fire district for one hundred percent (100%) of the expendable resources the volunteer fire department used to respond to an accident under subdivision (a)(1)(A) of this section if the accident involved personal property only.

(2) However, unless the following circumstances exist, the volunteer fire department shall have no duty or authority to respond to or attempt to control and put out any fire that occurs on forest lands, cut-over lands, brush lands, or grasslands owned by a nonmember: (A) The fire poses an immediate threat to life of any person; (B) There is a written agreement between a nonmember owner of the real or personal property and the volunteer fire department requiring the fire department to respond; (C) The fire is in violation of a countywide fire ban; or (D) The fire poses an immediate threat to the real or personal property owned by a member of the district.

(A) The fire poses an immediate threat to life of any person;

(B) There is a written agreement between a nonmember owner of the real or personal property and the volunteer fire department requiring the fire department to respond;

(C) The fire is in violation of a countywide fire ban; or

(D) The fire poses an immediate threat to the real or personal property owned by a member of the district.

(b) (1) (A) If the property is owned by a nonmember of the fire district, the volunteer fire department may recover from the nonmember property owner the reasonable value of its services. (B) Recovery under subdivision (b)(1)(A) of this section shall not exceed the fair market value of the services rendered. (2) (A) A claim for services in responding to a fire or accident involving only personal property shall be allowed only for personal property of nonmembers. (B) The claimed amount under subdivision (b)(2)(A) of this section shall not exceed one thousand dollars ($1,000). (C) (i) A claim under subdivision (b)(2)(A) of this section shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement under this subdivision (b)(2). (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.

(1) (A) If the property is owned by a nonmember of the fire district, the volunteer fire department may recover from the nonmember property owner the reasonable value of its services. (B) Recovery under subdivision (b)(1)(A) of this section shall not exceed the fair market value of the services rendered.

(A) If the property is owned by a nonmember of the fire district, the volunteer fire department may recover from the nonmember property owner the reasonable value of its services.

(B) Recovery under subdivision (b)(1)(A) of this section shall not exceed the fair market value of the services rendered.

(2) (A) A claim for services in responding to a fire or accident involving only personal property shall be allowed only for personal property of nonmembers. (B) The claimed amount under subdivision (b)(2)(A) of this section shall not exceed one thousand dollars ($1,000). (C) (i) A claim under subdivision (b)(2)(A) of this section shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement under this subdivision (b)(2). (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.

(A) A claim for services in responding to a fire or accident involving only personal property shall be allowed only for personal property of nonmembers.

(B) The claimed amount under subdivision (b)(2)(A) of this section shall not exceed one thousand dollars ($1,000).

(C) (i) A claim under subdivision (b)(2)(A) of this section shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement under this subdivision (b)(2). (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.

(i) A claim under subdivision (b)(2)(A) of this section shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form.

(ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement under this subdivision (b)(2).

(iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.

Amended by Act 2013, No. 1345,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1345,§ 2, eff. 8/16/2013.

Acts 1987, No. 836, § 1; 1997, No. 1150, § 1; 2003, No. 655, § 1; 2007, No. 581, § 1; 2009, No. 952, § 6; 2009, No. 1482, § 1.
Ark. Code Ann. § 20-19-408 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-408
Local regulation
Status: in_force

Nothing in this subchapter shall be construed to prohibit local regulation of the ownership, breeding, confinement, or feeding of wolves or wolf-dog hybrids. Acts 2001, No. 1768, § 8.

Nothing in this subchapter shall be construed to prohibit local regulation of the ownership, breeding, confinement, or feeding of wolves or wolf-dog hybrids.

Acts 2001, No. 1768, § 8.
Ark. Code Ann. § 20-78-230 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-230
Notice requirement when owner, operator, lessee, or administrator of childcare facility is married to sex offender - Definition
Status: in_force

(a) As used in this section, "sex offender" means a: (1) Level 2 sex offender whose information is made public under § 12-12-913(j)(1)(B) ; (2) Level 3 sex offender; or (3) Level 4 sex offender. (b) If an owner, operator, lessee, or administrator of a childcare facility is married to a sex offender, the owner, operator, lessee, or administrator shall provide notification in writing or by email to the parent, legal guardian, person having lawful control, or person standing in loco parentis of a child who attends the childcare facility that: (1) The owner, operator, lessee, or administrator is married to a sex offender; and (2) The sex offender will not be present on the premises of the childcare facility while children are present. Added by Act 2023, No. 176,§ 7, eff. 8/1/2023.

(a) As used in this section, "sex offender" means a: (1) Level 2 sex offender whose information is made public under § 12-12-913(j)(1)(B) ; (2) Level 3 sex offender; or (3) Level 4 sex offender.

(1) Level 2 sex offender whose information is made public under § 12-12-913(j)(1)(B) ;

(2) Level 3 sex offender; or

(3) Level 4 sex offender.

(b) If an owner, operator, lessee, or administrator of a childcare facility is married to a sex offender, the owner, operator, lessee, or administrator shall provide notification in writing or by email to the parent, legal guardian, person having lawful control, or person standing in loco parentis of a child who attends the childcare facility that: (1) The owner, operator, lessee, or administrator is married to a sex offender; and (2) The sex offender will not be present on the premises of the childcare facility while children are present.

(1) The owner, operator, lessee, or administrator is married to a sex offender; and

(2) The sex offender will not be present on the premises of the childcare facility while children are present.

Added by Act 2023, No. 176,§ 7, eff. 8/1/2023.
Ark. Code Ann. § 20-48-1001 — AR Code / Title 20 / Chapter 48 / Subchapter 10 / Section 20-48-1001
Definitions
Status: in_force

As used in this subchapter: (1) "Community and Employment Support Waiver Program" means the home and community-based waiver program authorized by the Centers for Medicare & Medicaid Services under section 1915(c) of the Social Security Act, 42 U.S.C. § 1396 et seq., and administered by the Division of Developmental Disabilities Services; (2) (A) "Gross receipts" means compensation paid to a provider for services provided through, or identical to those provided under, the Community and Employment Support Waiver Program. (B) "Gross receipts" does not include charitable contributions; and (3) "Medicaid" means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and administered by the Division of Medical Services. Amended by Act 2019, No. 1035,§ 43, eff. 7/24/2019. Acts 2011, No. 275, § 1.

As used in this subchapter:

(1) "Community and Employment Support Waiver Program" means the home and community-based waiver program authorized by the Centers for Medicare & Medicaid Services under section 1915(c) of the Social Security Act, 42 U.S.C. § 1396 et seq., and administered by the Division of Developmental Disabilities Services;

(2) (A) "Gross receipts" means compensation paid to a provider for services provided through, or identical to those provided under, the Community and Employment Support Waiver Program. (B) "Gross receipts" does not include charitable contributions; and

(A) "Gross receipts" means compensation paid to a provider for services provided through, or identical to those provided under, the Community and Employment Support Waiver Program.

(B) "Gross receipts" does not include charitable contributions; and

(3) "Medicaid" means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and administered by the Division of Medical Services.

Amended by Act 2019, No. 1035,§ 43, eff. 7/24/2019.

Acts 2011, No. 275, § 1.
Ark. Code Ann. § 20-56-402 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-402
[See Note] Definitions
Status: in_force

As used in this subchapter: (1) "Annual" or "annually" means the fiscal year from July 1 through the next June 30; (2) "Approved laboratory" means a laboratory that is accredited by the National Institute on Drug Abuse, the National Environmental Laboratory Accreditation Conference, the International Organization for Standardization, or a similar accrediting entity as determined by Arkansas Tobacco Control and that has been approved by the Director of Arkansas Tobacco Control specifically for the testing of hemp-derived product; (3) "Consumer" means a member of the public at large; (4) "Days" means calendar days unless otherwise specified; (5) "Finished product" means a product intended for consumer use to be sold at retail; (6) "Hemp" means the plant Cannabis sativa and any part of the plant, including the seeds of the plant, that contains a delta-9 tetrahydrocannabinol concentration of three-tenths of one percent (0.3%) or less on a dry-weight basis, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not; (7) "Hemp-derived e-liquid product" means a liquid hemp-derived product that contains hemp that is inhaled when using a vapor product, and that may or may not include without limitation propylene glycol, vegetable glycerin, and flavorings; (8) (A) "Hemp-derived product" means a product intended for any form of human consumption, including consumption by vapor inhalation, or a component of a product, that is derived from hemp, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, and any product made from such derivatives, and that contains greater than three-tenths of one percent (0.3%) tetrahydrocannabinol. (B) "Hemp-derived product" includes a hemp-derived e-liquid product and a vapor product. (C) "Hemp-derived product" does not include: (i) A product intended for animal consumption or use; (ii) A cosmetic as defined by § 20-56-202 ; (iii) Any marijuana, medical marijuana, or other cannabis product containing delta-9 tetrahydrocannabinol greater than three-tenths of one percent (0.3%) on a dry-weight basis as administered, licensed, and otherwise regulated by the Alcoholic Beverage Control Division, the Medical Marijuana Commission, and the Department of Health under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (iv) A raw hemp product, including any intact plant, flower, buds, leaves, or stems; (v) A drug in the form for which an application filed in accordance with 21 U.S.C. § 355 is approved by the United States Food and Drug Administration; (vi) A dietary supplement as defined by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.; or (vii) A fabric, textile, cordage, fiber, fuel, paper, construction material, plastic, seed, seed meal, and seed oil; (9) (A) "Manufacturer" means a person that manufactures, fabricates, assembles, or processes a hemp-derived product, including without limitation federally licensed importers and federally licensed distributors that deal in hemp-derived products. (B) "Manufacturer" includes: (i) A sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of hemp-derived products produced by the manufacturer to wholesalers or permitted retailers; and (ii) A person that mixes, compounds, extracts, infuses, blends, processes, repackages, or resizes hemp-derived products including the extraction of cannabinoids from hemp biomass. (C) "Manufacturer" does not include a person who engages in the agricultural production of hemp, such as growing, planting, and harvesting of raw hemp biomass regulated by the State Plant Board; (10) "Minor" means a person who is under twenty-one (21) years of age; (11) "Person" means an individual, retailer, wholesaler, manufacturer, firm, association, company, partnership, limited liability company, corporation, joint-stock company, club, agency, syndicate, the State of Arkansas, county, municipal corporation or other political subdivision of the state, receiver, trustee, fiduciary, or trade association; (12) "Place of business" means the physical location: (A) Where orders for hemp-derived products are taken or received or where hemp-derived products are sold; and (B) That is on file with Arkansas Tobacco Control; (13) "Retailer" means a person that purchases hemp-derived products from permitted wholesalers for the purpose of selling the hemp-derived products in person and over the counter at retail to consumers; (14) (A) "Sale" or "sell" means a transfer, exchange, or barter in any manner or by any means for any consideration, including distributing or shipping hemp-derived product in connection with a sale. (B) A sale "in" or "into" a state refers to the state in which the destination point of the hemp-derived product is located in the sale without regard to where title was transferred. (C) A sale "from" a state refers to the sale of a hemp-derived product that is located in that state to the destination in question without regard to where title was transferred; (15) "Self-service display" means a display: (A) That contains a hemp-derived product, or any component of a hemp-derived product; (B) That is located in an area where customers are permitted; and (C) In which the hemp-derived product, or any component of a hemp-derived product, is readily accessible to a customer without the assistance of a salesperson; (16) "Tetrahydrocannabinol" means a compound that is the natural, primary active cannabinoid substance or its equivalent contained in the plant of the genus cannabis or in the resinous extracts of the plant, including derivatives or isomers derived from such cannabinoids; (17) "Vapor product" means hemp-derived product that is an electronic oral device of any size or shape that contains a vapor of hemp or hemp-derived e-liquid product that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that: (A) Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device; (B) Works in combination with a cartridge, other container, or liquid delivery device containing hemp or hemp-derived e-liquid product and manufactured for use with vapor products; (C) Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other produced name or descriptor; and (D) Does not include a product regulated as a drug or device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2015; (18) "Warehouse" means a place where hemp-derived products are stored for another person and to or from which place the hemp-derived products are shipped or delivered upon order by the owner of the hemp-derived products, to the warehouse; and (19) "Wholesaler" means a person other than a manufacturer or a person owned or operated by a manufacturer that: (A) Does business within the state; (B) Purchases hemp-derived products from any source; (C) Distributes or sells the hemp-derived products to other wholesalers, or retailers; and (D) Does not distribute or sell the hemp-derived products at retail to consumers. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

As used in this subchapter:

(1) "Annual" or "annually" means the fiscal year from July 1 through the next June 30;

(2) "Approved laboratory" means a laboratory that is accredited by the National Institute on Drug Abuse, the National Environmental Laboratory Accreditation Conference, the International Organization for Standardization, or a similar accrediting entity as determined by Arkansas Tobacco Control and that has been approved by the Director of Arkansas Tobacco Control specifically for the testing of hemp-derived product;

(3) "Consumer" means a member of the public at large;

(4) "Days" means calendar days unless otherwise specified;

(5) "Finished product" means a product intended for consumer use to be sold at retail;

(6) "Hemp" means the plant Cannabis sativa and any part of the plant, including the seeds of the plant, that contains a delta-9 tetrahydrocannabinol concentration of three-tenths of one percent (0.3%) or less on a dry-weight basis, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not;

(7) "Hemp-derived e-liquid product" means a liquid hemp-derived product that contains hemp that is inhaled when using a vapor product, and that may or may not include without limitation propylene glycol, vegetable glycerin, and flavorings;

(8) (A) "Hemp-derived product" means a product intended for any form of human consumption, including consumption by vapor inhalation, or a component of a product, that is derived from hemp, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, and any product made from such derivatives, and that contains greater than three-tenths of one percent (0.3%) tetrahydrocannabinol. (B) "Hemp-derived product" includes a hemp-derived e-liquid product and a vapor product. (C) "Hemp-derived product" does not include: (i) A product intended for animal consumption or use; (ii) A cosmetic as defined by § 20-56-202 ; (iii) Any marijuana, medical marijuana, or other cannabis product containing delta-9 tetrahydrocannabinol greater than three-tenths of one percent (0.3%) on a dry-weight basis as administered, licensed, and otherwise regulated by the Alcoholic Beverage Control Division, the Medical Marijuana Commission, and the Department of Health under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (iv) A raw hemp product, including any intact plant, flower, buds, leaves, or stems; (v) A drug in the form for which an application filed in accordance with 21 U.S.C. § 355 is approved by the United States Food and Drug Administration; (vi) A dietary supplement as defined by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.; or (vii) A fabric, textile, cordage, fiber, fuel, paper, construction material, plastic, seed, seed meal, and seed oil;

(A) "Hemp-derived product" means a product intended for any form of human consumption, including consumption by vapor inhalation, or a component of a product, that is derived from hemp, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, and any product made from such derivatives, and that contains greater than three-tenths of one percent (0.3%) tetrahydrocannabinol.

(B) "Hemp-derived product" includes a hemp-derived e-liquid product and a vapor product.

(C) "Hemp-derived product" does not include: (i) A product intended for animal consumption or use; (ii) A cosmetic as defined by § 20-56-202 ; (iii) Any marijuana, medical marijuana, or other cannabis product containing delta-9 tetrahydrocannabinol greater than three-tenths of one percent (0.3%) on a dry-weight basis as administered, licensed, and otherwise regulated by the Alcoholic Beverage Control Division, the Medical Marijuana Commission, and the Department of Health under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (iv) A raw hemp product, including any intact plant, flower, buds, leaves, or stems; (v) A drug in the form for which an application filed in accordance with 21 U.S.C. § 355 is approved by the United States Food and Drug Administration; (vi) A dietary supplement as defined by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.; or (vii) A fabric, textile, cordage, fiber, fuel, paper, construction material, plastic, seed, seed meal, and seed oil;

(i) A product intended for animal consumption or use;

(ii) A cosmetic as defined by § 20-56-202 ;

(iii) Any marijuana, medical marijuana, or other cannabis product containing delta-9 tetrahydrocannabinol greater than three-tenths of one percent (0.3%) on a dry-weight basis as administered, licensed, and otherwise regulated by the Alcoholic Beverage Control Division, the Medical Marijuana Commission, and the Department of Health under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(iv) A raw hemp product, including any intact plant, flower, buds, leaves, or stems;

(v) A drug in the form for which an application filed in accordance with 21 U.S.C. § 355 is approved by the United States Food and Drug Administration;

(vi) A dietary supplement as defined by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.; or

(vii) A fabric, textile, cordage, fiber, fuel, paper, construction material, plastic, seed, seed meal, and seed oil;

(9) (A) "Manufacturer" means a person that manufactures, fabricates, assembles, or processes a hemp-derived product, including without limitation federally licensed importers and federally licensed distributors that deal in hemp-derived products. (B) "Manufacturer" includes: (i) A sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of hemp-derived products produced by the manufacturer to wholesalers or permitted retailers; and (ii) A person that mixes, compounds, extracts, infuses, blends, processes, repackages, or resizes hemp-derived products including the extraction of cannabinoids from hemp biomass. (C) "Manufacturer" does not include a person who engages in the agricultural production of hemp, such as growing, planting, and harvesting of raw hemp biomass regulated by the State Plant Board;

(A) "Manufacturer" means a person that manufactures, fabricates, assembles, or processes a hemp-derived product, including without limitation federally licensed importers and federally licensed distributors that deal in hemp-derived products.

(B) "Manufacturer" includes: (i) A sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of hemp-derived products produced by the manufacturer to wholesalers or permitted retailers; and (ii) A person that mixes, compounds, extracts, infuses, blends, processes, repackages, or resizes hemp-derived products including the extraction of cannabinoids from hemp biomass.

(i) A sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of hemp-derived products produced by the manufacturer to wholesalers or permitted retailers; and

(ii) A person that mixes, compounds, extracts, infuses, blends, processes, repackages, or resizes hemp-derived products including the extraction of cannabinoids from hemp biomass.

(C) "Manufacturer" does not include a person who engages in the agricultural production of hemp, such as growing, planting, and harvesting of raw hemp biomass regulated by the State Plant Board;

(10) "Minor" means a person who is under twenty-one (21) years of age;

(11) "Person" means an individual, retailer, wholesaler, manufacturer, firm, association, company, partnership, limited liability company, corporation, joint-stock company, club, agency, syndicate, the State of Arkansas, county, municipal corporation or other political subdivision of the state, receiver, trustee, fiduciary, or trade association;

(12) "Place of business" means the physical location: (A) Where orders for hemp-derived products are taken or received or where hemp-derived products are sold; and (B) That is on file with Arkansas Tobacco Control;

(A) Where orders for hemp-derived products are taken or received or where hemp-derived products are sold; and

(B) That is on file with Arkansas Tobacco Control;

(13) "Retailer" means a person that purchases hemp-derived products from permitted wholesalers for the purpose of selling the hemp-derived products in person and over the counter at retail to consumers;

(14) (A) "Sale" or "sell" means a transfer, exchange, or barter in any manner or by any means for any consideration, including distributing or shipping hemp-derived product in connection with a sale. (B) A sale "in" or "into" a state refers to the state in which the destination point of the hemp-derived product is located in the sale without regard to where title was transferred. (C) A sale "from" a state refers to the sale of a hemp-derived product that is located in that state to the destination in question without regard to where title was transferred;

(A) "Sale" or "sell" means a transfer, exchange, or barter in any manner or by any means for any consideration, including distributing or shipping hemp-derived product in connection with a sale.

(B) A sale "in" or "into" a state refers to the state in which the destination point of the hemp-derived product is located in the sale without regard to where title was transferred.

(C) A sale "from" a state refers to the sale of a hemp-derived product that is located in that state to the destination in question without regard to where title was transferred;

(15) "Self-service display" means a display: (A) That contains a hemp-derived product, or any component of a hemp-derived product; (B) That is located in an area where customers are permitted; and (C) In which the hemp-derived product, or any component of a hemp-derived product, is readily accessible to a customer without the assistance of a salesperson;

(A) That contains a hemp-derived product, or any component of a hemp-derived product;

(B) That is located in an area where customers are permitted; and

(C) In which the hemp-derived product, or any component of a hemp-derived product, is readily accessible to a customer without the assistance of a salesperson;

(16) "Tetrahydrocannabinol" means a compound that is the natural, primary active cannabinoid substance or its equivalent contained in the plant of the genus cannabis or in the resinous extracts of the plant, including derivatives or isomers derived from such cannabinoids;

(17) "Vapor product" means hemp-derived product that is an electronic oral device of any size or shape that contains a vapor of hemp or hemp-derived e-liquid product that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that: (A) Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device; (B) Works in combination with a cartridge, other container, or liquid delivery device containing hemp or hemp-derived e-liquid product and manufactured for use with vapor products; (C) Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other produced name or descriptor; and (D) Does not include a product regulated as a drug or device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2015;

(A) Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device;

(B) Works in combination with a cartridge, other container, or liquid delivery device containing hemp or hemp-derived e-liquid product and manufactured for use with vapor products;

(C) Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other produced name or descriptor; and

(D) Does not include a product regulated as a drug or device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2015;

(18) "Warehouse" means a place where hemp-derived products are stored for another person and to or from which place the hemp-derived products are shipped or delivered upon order by the owner of the hemp-derived products, to the warehouse; and

(19) "Wholesaler" means a person other than a manufacturer or a person owned or operated by a manufacturer that: (A) Does business within the state; (B) Purchases hemp-derived products from any source; (C) Distributes or sells the hemp-derived products to other wholesalers, or retailers; and (D) Does not distribute or sell the hemp-derived products at retail to consumers.

(A) Does business within the state;

(B) Purchases hemp-derived products from any source;

(C) Distributes or sells the hemp-derived products to other wholesalers, or retailers; and

(D) Does not distribute or sell the hemp-derived products at retail to consumers.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-46-502 — AR Code / Title 20 / Chapter 46 / Subchapter 5 / Section 20-46-502
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) (A) "Adults with long-term severe mental illness" means a person, eighteen (18) years of age or over, who meets criteria for service eligibility as defined by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (B) Individuals whose sole disability results from alcoholism, drug abuse, or intellectual or other developmental disability are excluded from this definition; and (2) (A) "Intensive residential treatment program" means a nonhospital establishment with permanent facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, licensed mental health professionals, psychiatrists, psychologists, psychotherapists, and licensed certified social workers for adults who have severe long-term mental illness but who are not in an acute phase of illness requiring the services of a psychiatric hospital, and who are in need of supervision or restorative treatment services. (B) An establishment furnishing primarily domiciliary care is not within this definition. Amended by Act 2019, No. 1035,§ 14, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 69, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013. Acts 1987, No. 648, § 2.

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

(1) (A) "Adults with long-term severe mental illness" means a person, eighteen (18) years of age or over, who meets criteria for service eligibility as defined by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (B) Individuals whose sole disability results from alcoholism, drug abuse, or intellectual or other developmental disability are excluded from this definition; and

(A) "Adults with long-term severe mental illness" means a person, eighteen (18) years of age or over, who meets criteria for service eligibility as defined by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(B) Individuals whose sole disability results from alcoholism, drug abuse, or intellectual or other developmental disability are excluded from this definition; and

(2) (A) "Intensive residential treatment program" means a nonhospital establishment with permanent facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, licensed mental health professionals, psychiatrists, psychologists, psychotherapists, and licensed certified social workers for adults who have severe long-term mental illness but who are not in an acute phase of illness requiring the services of a psychiatric hospital, and who are in need of supervision or restorative treatment services. (B) An establishment furnishing primarily domiciliary care is not within this definition.

(A) "Intensive residential treatment program" means a nonhospital establishment with permanent facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, licensed mental health professionals, psychiatrists, psychologists, psychotherapists, and licensed certified social workers for adults who have severe long-term mental illness but who are not in an acute phase of illness requiring the services of a psychiatric hospital, and who are in need of supervision or restorative treatment services.

(B) An establishment furnishing primarily domiciliary care is not within this definition.

Amended by Act 2019, No. 1035,§ 14, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 69, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.

Acts 1987, No. 648, § 2.
Ark. Code Ann. § 20-81-110 — AR Code / Title 20 / Chapter 81 / Section 20-81-110
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1145,§ 6, eff. 8/16/2013. Acts 1939, No. 189, §§ 1-3; A.S.A. 1947, §§ 11-1708 -- 11-1710.

Repealed by Act 2013, No. 1145,§ 6, eff. 8/16/2013.

Acts 1939, No. 189, §§ 1-3; A.S.A. 1947, §§ 11-1708 -- 11-1710.
Ark. Code Ann. § 20-17-904 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-904
Perpetual care trust
Status: in_force

(a) By trust instrument or will, any person may establish a trust fund in perpetuity with the income from the trust fund to go to the upkeep of certain specified burial lots or plots in one (1) or more cemeteries or burial grounds in the State of Arkansas. (b) (1) No amount placed in trust pursuant to subsection (a) of this section by any one (1) trustor or testator shall be in excess of the sum of two hundred thousand dollars ($200,000). (2) The trust fund shall be: (A) Invested in state, municipal, or federal obligations; (B) Deposited for interest into a savings and loan association whose funds are insured by the Federal Deposit Insurance Corporation; or (C) Placed on interest-bearing time deposit in a bank whose funds are guaranteed by the Federal Deposit Insurance Corporation. (3) The trust fund shall be so invested or deposited as directed by the circuit court of the county in which are located the burial grounds specified in the trust instrument of the trustor or will of the testator. (c) The trustee of the fund shall file an annual report in the circuit court of the county in which the burial grounds are located showing the receipts and disbursements from the trust fund. (d) The provisions of subsections (a)-(c) of this section are in addition to any other laws relating to cemeteries and trust funds. (e) No rule against perpetuities shall apply to property or funds set aside or trust created for the perpetual care of burial lots in cemeteries. Acts 1939, No. 122, § 1; 1965, No. 445, §§ 1-4; 1985, No. 597, § 1; A.S.A. 1947, §§ 50-108, 82-427 -- 82-430; Acts 2003, No. 766, § 1; 2007, No. 240, § 2.

(a) By trust instrument or will, any person may establish a trust fund in perpetuity with the income from the trust fund to go to the upkeep of certain specified burial lots or plots in one (1) or more cemeteries or burial grounds in the State of Arkansas.

(b) (1) No amount placed in trust pursuant to subsection (a) of this section by any one (1) trustor or testator shall be in excess of the sum of two hundred thousand dollars ($200,000). (2) The trust fund shall be: (A) Invested in state, municipal, or federal obligations; (B) Deposited for interest into a savings and loan association whose funds are insured by the Federal Deposit Insurance Corporation; or (C) Placed on interest-bearing time deposit in a bank whose funds are guaranteed by the Federal Deposit Insurance Corporation. (3) The trust fund shall be so invested or deposited as directed by the circuit court of the county in which are located the burial grounds specified in the trust instrument of the trustor or will of the testator.

(1) No amount placed in trust pursuant to subsection (a) of this section by any one (1) trustor or testator shall be in excess of the sum of two hundred thousand dollars ($200,000).

(2) The trust fund shall be: (A) Invested in state, municipal, or federal obligations; (B) Deposited for interest into a savings and loan association whose funds are insured by the Federal Deposit Insurance Corporation; or (C) Placed on interest-bearing time deposit in a bank whose funds are guaranteed by the Federal Deposit Insurance Corporation.

(A) Invested in state, municipal, or federal obligations;

(B) Deposited for interest into a savings and loan association whose funds are insured by the Federal Deposit Insurance Corporation; or

(C) Placed on interest-bearing time deposit in a bank whose funds are guaranteed by the Federal Deposit Insurance Corporation.

(3) The trust fund shall be so invested or deposited as directed by the circuit court of the county in which are located the burial grounds specified in the trust instrument of the trustor or will of the testator.

(c) The trustee of the fund shall file an annual report in the circuit court of the county in which the burial grounds are located showing the receipts and disbursements from the trust fund.

(d) The provisions of subsections (a)-(c) of this section are in addition to any other laws relating to cemeteries and trust funds.

(e) No rule against perpetuities shall apply to property or funds set aside or trust created for the perpetual care of burial lots in cemeteries.

Acts 1939, No. 122, § 1; 1965, No. 445, §§ 1-4; 1985, No. 597, § 1; A.S.A. 1947, §§ 50-108, 82-427 -- 82-430; Acts 2003, No. 766, § 1; 2007, No. 240, § 2.
Ark. Code Ann. § 20-78-203 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-203
Penalties
Status: in_force

(a) (1) Any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100). (2) Each day of the violation shall constitute a separate offense. (b) (1) The Division of Child Care and Early Childhood Education is authorized to impose monetary fines as civil penalties to be paid for failure to comply with the provisions of this subchapter or the rules promulgated pursuant thereto. (2) In determining whether a civil penalty is to be imposed, the following factors shall be considered by the division: (A) The gravity of the violation, including the probability that death or serious physical harm to a child will result or has resulted, the severity and scope of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated; (B) (i) The exercise of good faith. (ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator; (C) Any relevant previous violations committed; and (D) The financial benefit of committing or continuing the violation. (c) Before the imposition of monetary fines, the division shall provide notice and an opportunity to be heard before the Child Care Appeal Review Panel in accordance with hearing procedures in effect for the revocation or suspension of licenses. (d) With the review and approval of the Arkansas Early Childhood Commission, the division shall publish and promulgate rules classifying violations as follows: (1) (A) (i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements. (ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space. (B) (i) Operation of an unlicensed childcare facility shall be considered a Class A violation. (ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in § 20-78-209 . (C) Class A violations are subject to a civil penalty of one hundred dollars ($100) for each violation; and (2) (A) Class B violations involve administrative standards and standards that do not directly threaten the immediate health, safety, or welfare of the children. (B) Class B violations are subject to a civil penalty of fifty dollars ($50.00) for each violation. (e) (1) Each day of occurrence of a Class A or Class B violation shall constitute a separate violation. (2) Aggregate fines assessed for violation in any one (1) month shall not exceed five hundred dollars ($500) for Class A violations or two hundred fifty dollars ($250) for Class B violations. (f) (1) When a childcare facility has been found by the division to have committed Class A or Class B violations, then upon final administrative determination by the panel, notice shall be posted in the childcare facility stating the violations found by the division to have occurred and the current status of the license. (2) This notice shall be posted in the childcare facility in a conspicuous place clearly visible to all staff, to all other individuals in the childcare facility, and to all visitors to the childcare facility. (g) (1) Failure to post a proper notice as required by this section shall be considered to be a Class B violation for which civil penalties may be imposed as authorized by this section. (2) Each day of noncompliance shall constitute a separate offense. Amended by Act 2019, No. 315,§ 2274, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2273, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2272, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2271, eff. 7/24/2019. Acts 1969, No. 434, § 14; A.S.A. 1947, § 83-914; Acts 1987, No. 856, § 1; 1991, No. 888, § 1; 1997, No. 1132, § 2; 1999, No. 1222, § 7; 2005, No. 1994, § 140.

(a) (1) Any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100). (2) Each day of the violation shall constitute a separate offense.

(1) Any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).

(2) Each day of the violation shall constitute a separate offense.

(b) (1) The Division of Child Care and Early Childhood Education is authorized to impose monetary fines as civil penalties to be paid for failure to comply with the provisions of this subchapter or the rules promulgated pursuant thereto. (2) In determining whether a civil penalty is to be imposed, the following factors shall be considered by the division: (A) The gravity of the violation, including the probability that death or serious physical harm to a child will result or has resulted, the severity and scope of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated; (B) (i) The exercise of good faith. (ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator; (C) Any relevant previous violations committed; and (D) The financial benefit of committing or continuing the violation.

(1) The Division of Child Care and Early Childhood Education is authorized to impose monetary fines as civil penalties to be paid for failure to comply with the provisions of this subchapter or the rules promulgated pursuant thereto.

(2) In determining whether a civil penalty is to be imposed, the following factors shall be considered by the division: (A) The gravity of the violation, including the probability that death or serious physical harm to a child will result or has resulted, the severity and scope of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated; (B) (i) The exercise of good faith. (ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator; (C) Any relevant previous violations committed; and (D) The financial benefit of committing or continuing the violation.

(A) The gravity of the violation, including the probability that death or serious physical harm to a child will result or has resulted, the severity and scope of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated;

(B) (i) The exercise of good faith. (ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator;

(i) The exercise of good faith.

(ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator;

(C) Any relevant previous violations committed; and

(D) The financial benefit of committing or continuing the violation.

(c) Before the imposition of monetary fines, the division shall provide notice and an opportunity to be heard before the Child Care Appeal Review Panel in accordance with hearing procedures in effect for the revocation or suspension of licenses.

(d) With the review and approval of the Arkansas Early Childhood Commission, the division shall publish and promulgate rules classifying violations as follows: (1) (A) (i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements. (ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space. (B) (i) Operation of an unlicensed childcare facility shall be considered a Class A violation. (ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in § 20-78-209 . (C) Class A violations are subject to a civil penalty of one hundred dollars ($100) for each violation; and (2) (A) Class B violations involve administrative standards and standards that do not directly threaten the immediate health, safety, or welfare of the children. (B) Class B violations are subject to a civil penalty of fifty dollars ($50.00) for each violation.

(1) (A) (i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements. (ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space. (B) (i) Operation of an unlicensed childcare facility shall be considered a Class A violation. (ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in § 20-78-209 . (C) Class A violations are subject to a civil penalty of one hundred dollars ($100) for each violation; and

(A) (i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements. (ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space.

(i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements.

(ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space.

(B) (i) Operation of an unlicensed childcare facility shall be considered a Class A violation. (ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in § 20-78-209 .

(i) Operation of an unlicensed childcare facility shall be considered a Class A violation.

(ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in § 20-78-209 .

(C) Class A violations are subject to a civil penalty of one hundred dollars ($100) for each violation; and

(2) (A) Class B violations involve administrative standards and standards that do not directly threaten the immediate health, safety, or welfare of the children. (B) Class B violations are subject to a civil penalty of fifty dollars ($50.00) for each violation.

(A) Class B violations involve administrative standards and standards that do not directly threaten the immediate health, safety, or welfare of the children.

(B) Class B violations are subject to a civil penalty of fifty dollars ($50.00) for each violation.

(e) (1) Each day of occurrence of a Class A or Class B violation shall constitute a separate violation. (2) Aggregate fines assessed for violation in any one (1) month shall not exceed five hundred dollars ($500) for Class A violations or two hundred fifty dollars ($250) for Class B violations.

(1) Each day of occurrence of a Class A or Class B violation shall constitute a separate violation.

(2) Aggregate fines assessed for violation in any one (1) month shall not exceed five hundred dollars ($500) for Class A violations or two hundred fifty dollars ($250) for Class B violations.

(f) (1) When a childcare facility has been found by the division to have committed Class A or Class B violations, then upon final administrative determination by the panel, notice shall be posted in the childcare facility stating the violations found by the division to have occurred and the current status of the license. (2) This notice shall be posted in the childcare facility in a conspicuous place clearly visible to all staff, to all other individuals in the childcare facility, and to all visitors to the childcare facility.

(1) When a childcare facility has been found by the division to have committed Class A or Class B violations, then upon final administrative determination by the panel, notice shall be posted in the childcare facility stating the violations found by the division to have occurred and the current status of the license.

(2) This notice shall be posted in the childcare facility in a conspicuous place clearly visible to all staff, to all other individuals in the childcare facility, and to all visitors to the childcare facility.

(g) (1) Failure to post a proper notice as required by this section shall be considered to be a Class B violation for which civil penalties may be imposed as authorized by this section. (2) Each day of noncompliance shall constitute a separate offense.

(1) Failure to post a proper notice as required by this section shall be considered to be a Class B violation for which civil penalties may be imposed as authorized by this section.

(2) Each day of noncompliance shall constitute a separate offense.

Amended by Act 2019, No. 315,§ 2274, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2273, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2272, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2271, eff. 7/24/2019.

Acts 1969, No. 434, § 14; A.S.A. 1947, § 83-914; Acts 1987, No. 856, § 1; 1991, No. 888, § 1; 1997, No. 1132, § 2; 1999, No. 1222, § 7; 2005, No. 1994, § 140.
Ark. Code Ann. § 20-77-2806 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2806
Exemptions
Status: in_force

(a) The following medical transportation providers are exempt from the assessment imposed under § 20-77-2803 unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid: (1) Volunteer ambulance services; (2) Ambulance services owned by the state, county, or political subdivision; (3) Nonemergency ambulance services; (4) Air ambulance services; and (5) Specialty-hospital-based ambulance services. (b) If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable medical transportation provider shall pay the assessment imposed under § 20-77-2803 . (c) This subchapter does not: (1) Impact scheduled appointments of nonemergency transportation providers that are contracted with the Department of Human Services; or (2) Subject nonemergency transportation providers that are contracted with the department to any part of the upper payment limits or access payments. Amended by Act 2021, No. 444,§ 2, eff. 3/24/2021. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) The following medical transportation providers are exempt from the assessment imposed under § 20-77-2803 unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid: (1) Volunteer ambulance services; (2) Ambulance services owned by the state, county, or political subdivision; (3) Nonemergency ambulance services; (4) Air ambulance services; and (5) Specialty-hospital-based ambulance services.

(1) Volunteer ambulance services;

(2) Ambulance services owned by the state, county, or political subdivision;

(3) Nonemergency ambulance services;

(4) Air ambulance services; and

(5) Specialty-hospital-based ambulance services.

(b) If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable medical transportation provider shall pay the assessment imposed under § 20-77-2803 .

(c) This subchapter does not: (1) Impact scheduled appointments of nonemergency transportation providers that are contracted with the Department of Human Services; or (2) Subject nonemergency transportation providers that are contracted with the department to any part of the upper payment limits or access payments.

(1) Impact scheduled appointments of nonemergency transportation providers that are contracted with the Department of Human Services; or

(2) Subject nonemergency transportation providers that are contracted with the department to any part of the upper payment limits or access payments.

Amended by Act 2021, No. 444,§ 2, eff. 3/24/2021.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-16-1101 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Unborn Child Pain Awareness and Prevention Act". Acts 2005, No. 1696, § 1.

This subchapter shall be known and may be cited as the "Unborn Child Pain Awareness and Prevention Act".

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-77-128 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-128
In-home caregiver drug tests and criminal background checks - Definitions
Status: in_force

(a) As used in this section: (1) "Caregiver" means an individual who has responsibility for the protection, in-home care, or custody of a Medicaid enrollee as a result of assuming the responsibility by contract; and (2) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to the suitability of a person to be a caregiver. (b) (1) A caregiver shall submit to a drug screen that tests for the use of illegal drugs through a program established by the Department of Human Services. (2) A drug screen under this section shall be administered to: (A) A caregiver on or after September 1, 2013; and (B) (i) A random sampling of caregivers on or after September 1, 2013. (ii) The random sampling shall be designed to ensure that each caregiver is tested for illegal drug use under this section at least one (1) time every five (5) years. (iii) A caregiver who has been tested through a home health agency within the previous five (5) years for the use of illegal drugs may satisfy the testing requirement under this subsection by providing verification of the home health agency test. (3) (A) A caregiver who refuses to submit to a drug screen required under this section or who tests positive for the use of illegal drugs in a drug screen required under this section shall be ineligible for employment paid with Medicaid funds for six (6) months after the date of the refusal or the date of the positive test result. (B) (i) After the six-month period under subdivision (b)(3)(A) of this section, the caregiver may volunteer to undergo a new test for the use of illegal drugs under this section. (ii) If the caregiver tests positive for the use of illegal drugs in a voluntary drug screen under this section, the caregiver shall be ineligible for future employment paid with Medicaid funds. (c) (1) The department shall: (A) Require a state criminal background check of a caregiver and of an applicant to become a caregiver by the Identification Bureau of the Division of Arkansas State Police that conforms to the applicable standards; (B) For a person who has not resided continuously in Arkansas during the previous five (5) years, require a federal criminal background check of a caregiver and of an applicant to become a caregiver by the Federal Bureau of Investigation that conforms to the applicable standards and includes the taking of fingerprints; and (C) Require a registry records check of a caregiver and of an applicant to become a caregiver, including without limitation registry records checks with the Child Maltreatment Central Registry and the Adult and Long-term Care Facility Resident Maltreatment Central Registry. (2) A caregiver or an applicant to become a caregiver shall pay for the payment of any fee associated with the registry records check and the criminal background check required under this subsection. (3) (A) Before a criminal background check is performed, a caregiver or an applicant to become a caregiver shall sign a release authorizing the criminal background check. (B) Before a registry records check is performed, a caregiver or applicant to become a caregiver shall sign a release authorizing the registry records check. (4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the department information obtained concerning the caregiver or applicant to become a caregiver including whether the caregiver or applicant to become a caregiver has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty. (5) The results of the registry records check and the criminal background check shall be used by the department to determine the suitability of: (A) An applicant to become a caregiver paid with Medicaid funds; or (B) A caregiver for continued employment paid with Medicaid funds. (6) (A) A caregiver or applicant to become a caregiver who has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty shall not be employed to provide services paid with Medicaid funds. (B) A caregiver or applicant to become a caregiver who is on either the Child Maltreatment Central Registry or the Adult and Long-term Care Facility Resident Maltreatment Central Registry shall not be employed to provide services paid with Medicaid funds. (7) The registry records check and the criminal background information of a caregiver or applicant to become a caregiver is confidential. (d) (1) The Department of Human Services shall adopt rules to implement this section. (2) If necessary, the Department of Human Services shall seek a waiver from the Centers for Medicare & Medicaid Services for approval of the rules adopted under this section. Amended by Act 2021, No. 717,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 717,§ 1, eff. 7/28/2021. Added by Act 2013, No. 1336,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Caregiver" means an individual who has responsibility for the protection, in-home care, or custody of a Medicaid enrollee as a result of assuming the responsibility by contract; and (2) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to the suitability of a person to be a caregiver.

(1) "Caregiver" means an individual who has responsibility for the protection, in-home care, or custody of a Medicaid enrollee as a result of assuming the responsibility by contract; and

(2) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to the suitability of a person to be a caregiver.

(b) (1) A caregiver shall submit to a drug screen that tests for the use of illegal drugs through a program established by the Department of Human Services. (2) A drug screen under this section shall be administered to: (A) A caregiver on or after September 1, 2013; and (B) (i) A random sampling of caregivers on or after September 1, 2013. (ii) The random sampling shall be designed to ensure that each caregiver is tested for illegal drug use under this section at least one (1) time every five (5) years. (iii) A caregiver who has been tested through a home health agency within the previous five (5) years for the use of illegal drugs may satisfy the testing requirement under this subsection by providing verification of the home health agency test. (3) (A) A caregiver who refuses to submit to a drug screen required under this section or who tests positive for the use of illegal drugs in a drug screen required under this section shall be ineligible for employment paid with Medicaid funds for six (6) months after the date of the refusal or the date of the positive test result. (B) (i) After the six-month period under subdivision (b)(3)(A) of this section, the caregiver may volunteer to undergo a new test for the use of illegal drugs under this section. (ii) If the caregiver tests positive for the use of illegal drugs in a voluntary drug screen under this section, the caregiver shall be ineligible for future employment paid with Medicaid funds.

(1) A caregiver shall submit to a drug screen that tests for the use of illegal drugs through a program established by the Department of Human Services.

(2) A drug screen under this section shall be administered to: (A) A caregiver on or after September 1, 2013; and (B) (i) A random sampling of caregivers on or after September 1, 2013. (ii) The random sampling shall be designed to ensure that each caregiver is tested for illegal drug use under this section at least one (1) time every five (5) years. (iii) A caregiver who has been tested through a home health agency within the previous five (5) years for the use of illegal drugs may satisfy the testing requirement under this subsection by providing verification of the home health agency test.

(A) A caregiver on or after September 1, 2013; and

(B) (i) A random sampling of caregivers on or after September 1, 2013. (ii) The random sampling shall be designed to ensure that each caregiver is tested for illegal drug use under this section at least one (1) time every five (5) years. (iii) A caregiver who has been tested through a home health agency within the previous five (5) years for the use of illegal drugs may satisfy the testing requirement under this subsection by providing verification of the home health agency test.

(i) A random sampling of caregivers on or after September 1, 2013.

(ii) The random sampling shall be designed to ensure that each caregiver is tested for illegal drug use under this section at least one (1) time every five (5) years.

(iii) A caregiver who has been tested through a home health agency within the previous five (5) years for the use of illegal drugs may satisfy the testing requirement under this subsection by providing verification of the home health agency test.

(3) (A) A caregiver who refuses to submit to a drug screen required under this section or who tests positive for the use of illegal drugs in a drug screen required under this section shall be ineligible for employment paid with Medicaid funds for six (6) months after the date of the refusal or the date of the positive test result. (B) (i) After the six-month period under subdivision (b)(3)(A) of this section, the caregiver may volunteer to undergo a new test for the use of illegal drugs under this section. (ii) If the caregiver tests positive for the use of illegal drugs in a voluntary drug screen under this section, the caregiver shall be ineligible for future employment paid with Medicaid funds.

(A) A caregiver who refuses to submit to a drug screen required under this section or who tests positive for the use of illegal drugs in a drug screen required under this section shall be ineligible for employment paid with Medicaid funds for six (6) months after the date of the refusal or the date of the positive test result.

(B) (i) After the six-month period under subdivision (b)(3)(A) of this section, the caregiver may volunteer to undergo a new test for the use of illegal drugs under this section. (ii) If the caregiver tests positive for the use of illegal drugs in a voluntary drug screen under this section, the caregiver shall be ineligible for future employment paid with Medicaid funds.

(i) After the six-month period under subdivision (b)(3)(A) of this section, the caregiver may volunteer to undergo a new test for the use of illegal drugs under this section.

(ii) If the caregiver tests positive for the use of illegal drugs in a voluntary drug screen under this section, the caregiver shall be ineligible for future employment paid with Medicaid funds.

(c) (1) The department shall: (A) Require a state criminal background check of a caregiver and of an applicant to become a caregiver by the Identification Bureau of the Division of Arkansas State Police that conforms to the applicable standards; (B) For a person who has not resided continuously in Arkansas during the previous five (5) years, require a federal criminal background check of a caregiver and of an applicant to become a caregiver by the Federal Bureau of Investigation that conforms to the applicable standards and includes the taking of fingerprints; and (C) Require a registry records check of a caregiver and of an applicant to become a caregiver, including without limitation registry records checks with the Child Maltreatment Central Registry and the Adult and Long-term Care Facility Resident Maltreatment Central Registry. (2) A caregiver or an applicant to become a caregiver shall pay for the payment of any fee associated with the registry records check and the criminal background check required under this subsection. (3) (A) Before a criminal background check is performed, a caregiver or an applicant to become a caregiver shall sign a release authorizing the criminal background check. (B) Before a registry records check is performed, a caregiver or applicant to become a caregiver shall sign a release authorizing the registry records check. (4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the department information obtained concerning the caregiver or applicant to become a caregiver including whether the caregiver or applicant to become a caregiver has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty. (5) The results of the registry records check and the criminal background check shall be used by the department to determine the suitability of: (A) An applicant to become a caregiver paid with Medicaid funds; or (B) A caregiver for continued employment paid with Medicaid funds. (6) (A) A caregiver or applicant to become a caregiver who has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty shall not be employed to provide services paid with Medicaid funds. (B) A caregiver or applicant to become a caregiver who is on either the Child Maltreatment Central Registry or the Adult and Long-term Care Facility Resident Maltreatment Central Registry shall not be employed to provide services paid with Medicaid funds. (7) The registry records check and the criminal background information of a caregiver or applicant to become a caregiver is confidential.

(1) The department shall: (A) Require a state criminal background check of a caregiver and of an applicant to become a caregiver by the Identification Bureau of the Division of Arkansas State Police that conforms to the applicable standards; (B) For a person who has not resided continuously in Arkansas during the previous five (5) years, require a federal criminal background check of a caregiver and of an applicant to become a caregiver by the Federal Bureau of Investigation that conforms to the applicable standards and includes the taking of fingerprints; and (C) Require a registry records check of a caregiver and of an applicant to become a caregiver, including without limitation registry records checks with the Child Maltreatment Central Registry and the Adult and Long-term Care Facility Resident Maltreatment Central Registry.

(A) Require a state criminal background check of a caregiver and of an applicant to become a caregiver by the Identification Bureau of the Division of Arkansas State Police that conforms to the applicable standards;

(B) For a person who has not resided continuously in Arkansas during the previous five (5) years, require a federal criminal background check of a caregiver and of an applicant to become a caregiver by the Federal Bureau of Investigation that conforms to the applicable standards and includes the taking of fingerprints; and

(C) Require a registry records check of a caregiver and of an applicant to become a caregiver, including without limitation registry records checks with the Child Maltreatment Central Registry and the Adult and Long-term Care Facility Resident Maltreatment Central Registry.

(2) A caregiver or an applicant to become a caregiver shall pay for the payment of any fee associated with the registry records check and the criminal background check required under this subsection.

(3) (A) Before a criminal background check is performed, a caregiver or an applicant to become a caregiver shall sign a release authorizing the criminal background check. (B) Before a registry records check is performed, a caregiver or applicant to become a caregiver shall sign a release authorizing the registry records check.

(A) Before a criminal background check is performed, a caregiver or an applicant to become a caregiver shall sign a release authorizing the criminal background check.

(B) Before a registry records check is performed, a caregiver or applicant to become a caregiver shall sign a release authorizing the registry records check.

(4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the department information obtained concerning the caregiver or applicant to become a caregiver including whether the caregiver or applicant to become a caregiver has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty.

(5) The results of the registry records check and the criminal background check shall be used by the department to determine the suitability of: (A) An applicant to become a caregiver paid with Medicaid funds; or (B) A caregiver for continued employment paid with Medicaid funds.

(A) An applicant to become a caregiver paid with Medicaid funds; or

(B) A caregiver for continued employment paid with Medicaid funds.

(6) (A) A caregiver or applicant to become a caregiver who has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty shall not be employed to provide services paid with Medicaid funds. (B) A caregiver or applicant to become a caregiver who is on either the Child Maltreatment Central Registry or the Adult and Long-term Care Facility Resident Maltreatment Central Registry shall not be employed to provide services paid with Medicaid funds.

(A) A caregiver or applicant to become a caregiver who has pleaded guilty or nolo contendere to or has been found guilty of a felony or crime involving moral turpitude or dishonesty shall not be employed to provide services paid with Medicaid funds.

(B) A caregiver or applicant to become a caregiver who is on either the Child Maltreatment Central Registry or the Adult and Long-term Care Facility Resident Maltreatment Central Registry shall not be employed to provide services paid with Medicaid funds.

(7) The registry records check and the criminal background information of a caregiver or applicant to become a caregiver is confidential.

(d) (1) The Department of Human Services shall adopt rules to implement this section. (2) If necessary, the Department of Human Services shall seek a waiver from the Centers for Medicare & Medicaid Services for approval of the rules adopted under this section.

(1) The Department of Human Services shall adopt rules to implement this section.

(2) If necessary, the Department of Human Services shall seek a waiver from the Centers for Medicare & Medicaid Services for approval of the rules adopted under this section.

Amended by Act 2021, No. 717,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 717,§ 1, eff. 7/28/2021.

Added by Act 2013, No. 1336,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-35-101 — AR Code / Title 20 / Chapter 35 / Section 20-35-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Genetic Research Studies Nondisclosure Act". Acts 2001, No. 1251, § 1.

This chapter shall be known and may be cited as the "Genetic Research Studies Nondisclosure Act".

Acts 2001, No. 1251, § 1.
Ark. Code Ann. § 20-48-604 — AR Code / Title 20 / Chapter 48 / Subchapter 6 / Section 20-48-604
Zoning - Permitted use
Status: in_force

(a) A Family Home I is a residential use of property for the purposes of zoning and shall be treated as a permitted use in all residential zones or districts, including all single-family residential zones or districts of all political subdivisions. No political subdivision may require that a Family Home I or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance. (b) A Family Home II is a multifamily residential use of a property for the purpose of zoning and shall be treated as a permitted use in all zoning districts of all political subdivisions allowing multifamily uses. No political subdivision may require that a Family Home II or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance. Acts 1987, No. 611, § 4.

(a) A Family Home I is a residential use of property for the purposes of zoning and shall be treated as a permitted use in all residential zones or districts, including all single-family residential zones or districts of all political subdivisions. No political subdivision may require that a Family Home I or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance.

(b) A Family Home II is a multifamily residential use of a property for the purpose of zoning and shall be treated as a permitted use in all zoning districts of all political subdivisions allowing multifamily uses. No political subdivision may require that a Family Home II or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance.

Acts 1987, No. 611, § 4.
Ark. Code Ann. § 20-10-2503 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2503
Dementia training for covered staff members
Status: in_force

(a) A facility shall provide initial training to: (1) All covered staff members: (A) On or after August 1, 2023; or (B) Within ninety (90) days of the start of their employment; and (2) All covered staff members who were employed before August 1, 2023, and who have not received equivalent training within the past twenty-four (24) months. (b) Initial training requirements shall be completed within ninety (90) days of that date. (c) A facility shall: (1) Establish procedures for ongoing staff support regarding the treatment and care of persons with dementia, which shall include on-site mentoring programs and other support mechanisms; (2) Identify and designate standardized trainings, including online trainings, that meet the requirements of this subchapter; and (3) Issue a certificate to covered staff members upon completion of initial training, which shall be portable between settings within the state. (d) If a covered staff member does not have a lapse of dementia-related direct service or administration employment for twenty-four (24) consecutive months or more, the covered staff member shall not be required to repeat the initial dementia training. (e) A covered staff member is responsible for maintaining documentation regarding completed dementia trainings and evaluations. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

(a) A facility shall provide initial training to: (1) All covered staff members: (A) On or after August 1, 2023; or (B) Within ninety (90) days of the start of their employment; and (2) All covered staff members who were employed before August 1, 2023, and who have not received equivalent training within the past twenty-four (24) months.

(1) All covered staff members: (A) On or after August 1, 2023; or (B) Within ninety (90) days of the start of their employment; and

(A) On or after August 1, 2023; or

(B) Within ninety (90) days of the start of their employment; and

(2) All covered staff members who were employed before August 1, 2023, and who have not received equivalent training within the past twenty-four (24) months.

(b) Initial training requirements shall be completed within ninety (90) days of that date.

(c) A facility shall: (1) Establish procedures for ongoing staff support regarding the treatment and care of persons with dementia, which shall include on-site mentoring programs and other support mechanisms; (2) Identify and designate standardized trainings, including online trainings, that meet the requirements of this subchapter; and (3) Issue a certificate to covered staff members upon completion of initial training, which shall be portable between settings within the state.

(1) Establish procedures for ongoing staff support regarding the treatment and care of persons with dementia, which shall include on-site mentoring programs and other support mechanisms;

(2) Identify and designate standardized trainings, including online trainings, that meet the requirements of this subchapter; and

(3) Issue a certificate to covered staff members upon completion of initial training, which shall be portable between settings within the state.

(d) If a covered staff member does not have a lapse of dementia-related direct service or administration employment for twenty-four (24) consecutive months or more, the covered staff member shall not be required to repeat the initial dementia training.

(e) A covered staff member is responsible for maintaining documentation regarding completed dementia trainings and evaluations.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-7-109 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-109
Authority to regulate public health - Exceptions
Status: in_force

(a) (1) Power is conferred on the State Board of Health to make all necessary and reasonable rules of a general nature for: (A) The protection of the public health and safety; (B) The general amelioration of the sanitary and hygienic conditions within the state; (C) The suppression and prevention of infectious, contagious, and communicable diseases; (D) The proper enforcement of quarantine, isolation, and control of such diseases; and (E) The proper control of chemical exposures that may result in adverse health effects to the public. (2) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. (b) However, if a patient can be treated with reasonable safety to the public health, he or she shall not be removed from his or her home without his or her consent, or the consent of the parents or guardian in the case of a minor, and the rules, when made, shall be printed in pamphlet form, with such numbers of copies as may be necessary for the distribution of the information to health bodies, health and sanitary officers, and the public generally. (c) The board shall not: (1) Regulate the practice of medicine or healing nor interfere with the right of any citizen to employ the practitioner of his or her choice; or (2) Require, through enforcement or application, or both, of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency a firm, person, or corporation to regulate the behavior of patrons or customers of the firm, person, or corporation during the coronavirus 2019 (COVID-19) public health emergency. Amended by Act 2021, No. 401,§ 2, eff. 3/18/2021. Amended by Act 2019, No. 315,§ 1803, eff. 7/24/2019. Acts 1913, No. 96, § 6; C. & M. Dig., § 5130; Pope's Dig., § 6401; A.S.A. 1947, § 82-110; Acts 1991, No. 990, §§ 3, 5; 1997, No. 179, § 20.

(a) (1) Power is conferred on the State Board of Health to make all necessary and reasonable rules of a general nature for: (A) The protection of the public health and safety; (B) The general amelioration of the sanitary and hygienic conditions within the state; (C) The suppression and prevention of infectious, contagious, and communicable diseases; (D) The proper enforcement of quarantine, isolation, and control of such diseases; and (E) The proper control of chemical exposures that may result in adverse health effects to the public. (2) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

(1) Power is conferred on the State Board of Health to make all necessary and reasonable rules of a general nature for: (A) The protection of the public health and safety; (B) The general amelioration of the sanitary and hygienic conditions within the state; (C) The suppression and prevention of infectious, contagious, and communicable diseases; (D) The proper enforcement of quarantine, isolation, and control of such diseases; and (E) The proper control of chemical exposures that may result in adverse health effects to the public.

(A) The protection of the public health and safety;

(B) The general amelioration of the sanitary and hygienic conditions within the state;

(C) The suppression and prevention of infectious, contagious, and communicable diseases;

(D) The proper enforcement of quarantine, isolation, and control of such diseases; and

(E) The proper control of chemical exposures that may result in adverse health effects to the public.

(2) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

(b) However, if a patient can be treated with reasonable safety to the public health, he or she shall not be removed from his or her home without his or her consent, or the consent of the parents or guardian in the case of a minor, and the rules, when made, shall be printed in pamphlet form, with such numbers of copies as may be necessary for the distribution of the information to health bodies, health and sanitary officers, and the public generally.

(c) The board shall not: (1) Regulate the practice of medicine or healing nor interfere with the right of any citizen to employ the practitioner of his or her choice; or (2) Require, through enforcement or application, or both, of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency a firm, person, or corporation to regulate the behavior of patrons or customers of the firm, person, or corporation during the coronavirus 2019 (COVID-19) public health emergency.

(1) Regulate the practice of medicine or healing nor interfere with the right of any citizen to employ the practitioner of his or her choice; or

(2) Require, through enforcement or application, or both, of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency a firm, person, or corporation to regulate the behavior of patrons or customers of the firm, person, or corporation during the coronavirus 2019 (COVID-19) public health emergency.

Amended by Act 2021, No. 401,§ 2, eff. 3/18/2021.

Amended by Act 2019, No. 315,§ 1803, eff. 7/24/2019.

Acts 1913, No. 96, § 6; C. & M. Dig., § 5130; Pope's Dig., § 6401; A.S.A. 1947, § 82-110; Acts 1991, No. 990, §§ 3, 5; 1997, No. 179, § 20.
Ark. Code Ann. § 20-6-411 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-411
Visitation limits or restrictions
Status: in_force

A healthcare facility may establish visitation policies that limit or restrict visitation when: (1) The presence of visitors would be medically or therapeutically contraindicated; (2) The presence of visitors would interfere with the care of or rights of any patient; (3) Visitors are engaging in disruptive, threatening, or violent behavior toward any staff member, patient, or other visitor; or (4) Visitors are noncompliant with healthcare facility policy. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

A healthcare facility may establish visitation policies that limit or restrict visitation when:

(1) The presence of visitors would be medically or therapeutically contraindicated;

(2) The presence of visitors would interfere with the care of or rights of any patient;

(3) Visitors are engaging in disruptive, threatening, or violent behavior toward any staff member, patient, or other visitor; or

(4) Visitors are noncompliant with healthcare facility policy.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-10-802 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-802
Exceptions from licensing requirements
Status: in_force

The following persons are not required to be licensed under § 20-10-807 : (1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home health services only to a patient as a part of his or her private office practice when the services are incidental to the office practice; (2) The following healthcare professionals providing home healthcare services as a sole practitioner: (A) A registered nurse; (B) A licensed vocational nurse; (C) A physical therapist; (D) An occupational therapist; (E) A speech therapist; (F) A medical social worker; or (G) Any other healthcare professional as determined by the Department of Health; (3) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence and that neither maintains the official patient records nor directs patient services; (4) An individual whose permanent residence is in the patient's residence; (5) An employee of a person holding a license under this subchapter who provides home healthcare services only as an employee of the licensed person and who receives no benefit for providing home healthcare services other than wages from the employer; (6) A home, nursing home, convalescent home, or other institution for individuals with disabilities or individuals who are elderly that provides health services only to residents of the home or institution; (7) A person who provides one (1) health service through a contract with a person licensed; (8) A durable medical equipment supply company; (9) A pharmacy or wholesale medical supply company that furnishes those services that relate to drugs and supplies to persons in their homes; (10) A hospital or other licensed healthcare facility serving only inpatient residents; (11) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing services for those who depend upon spiritual means through prayer alone for healing; and (12) Persons providing services to one (1) or more individuals with intellectual or other developmental disabilities, as defined in § 20-48-101 , under a license or certificate from the Division of Developmental Disabilities Services. Amended by Act 2019, No. 1035,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 16, eff. 7/24/2019. Acts 1987, No. 956, § 2; 2003, No. 1783, § 1.

The following persons are not required to be licensed under § 20-10-807 :

(1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home health services only to a patient as a part of his or her private office practice when the services are incidental to the office practice;

(2) The following healthcare professionals providing home healthcare services as a sole practitioner: (A) A registered nurse; (B) A licensed vocational nurse; (C) A physical therapist; (D) An occupational therapist; (E) A speech therapist; (F) A medical social worker; or (G) Any other healthcare professional as determined by the Department of Health;

(A) A registered nurse;

(B) A licensed vocational nurse;

(C) A physical therapist;

(D) An occupational therapist;

(E) A speech therapist;

(F) A medical social worker; or

(G) Any other healthcare professional as determined by the Department of Health;

(3) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence and that neither maintains the official patient records nor directs patient services;

(4) An individual whose permanent residence is in the patient's residence;

(5) An employee of a person holding a license under this subchapter who provides home healthcare services only as an employee of the licensed person and who receives no benefit for providing home healthcare services other than wages from the employer;

(6) A home, nursing home, convalescent home, or other institution for individuals with disabilities or individuals who are elderly that provides health services only to residents of the home or institution;

(7) A person who provides one (1) health service through a contract with a person licensed;

(8) A durable medical equipment supply company;

(9) A pharmacy or wholesale medical supply company that furnishes those services that relate to drugs and supplies to persons in their homes;

(10) A hospital or other licensed healthcare facility serving only inpatient residents;

(11) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing services for those who depend upon spiritual means through prayer alone for healing; and

(12) Persons providing services to one (1) or more individuals with intellectual or other developmental disabilities, as defined in § 20-48-101 , under a license or certificate from the Division of Developmental Disabilities Services.

Amended by Act 2019, No. 1035,§ 12, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 16, eff. 7/24/2019.

Acts 1987, No. 956, § 2; 2003, No. 1783, § 1.
Ark. Code Ann. § 20-17-1305 — AR Code / Title 20 / Chapter 17 / Subchapter 13 / Section 20-17-1305
Eligibility for grants - Definition
Status: in_force

(a) (1) As used in this section, "eligible organization" means an organization that agrees to provide for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) "Eligible organization" includes a nonprofit organization which is exempt from taxation under § 501(c)(3) of the Internal Revenue Code. (b) An eligible organization is eligible to receive a grant under this subchapter for the care and improvement of a perpetual care cemetery if the perpetual care cemetery: (1) Has historical significance to the local community or the State of Arkansas; or (2) Is insolvent or in financial distress. Amended by Act 2021, No. 343,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 64, eff. 7/1/2018. Amended by Act 2015, No. 990,§ 2, eff. 7/22/2015. Acts 2009, No. 429, § 3.

(a) (1) As used in this section, "eligible organization" means an organization that agrees to provide for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) "Eligible organization" includes a nonprofit organization which is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

(1) As used in this section, "eligible organization" means an organization that agrees to provide for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(2) "Eligible organization" includes a nonprofit organization which is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

(b) An eligible organization is eligible to receive a grant under this subchapter for the care and improvement of a perpetual care cemetery if the perpetual care cemetery: (1) Has historical significance to the local community or the State of Arkansas; or (2) Is insolvent or in financial distress.

(1) Has historical significance to the local community or the State of Arkansas; or

(2) Is insolvent or in financial distress.

Amended by Act 2021, No. 343,§ 3, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 64, eff. 7/1/2018.

Amended by Act 2015, No. 990,§ 2, eff. 7/22/2015.

Acts 2009, No. 429, § 3.
Ark. Code Ann. § 20-64-603 — AR Code / Title 20 / Chapter 64 / Subchapter 6 / Section 20-64-603
Secretary of the Department of Human Services - Administration of state plans
Status: in_force

The Secretary of the Department of Human Services shall be the single state authority and shall have primary responsibility for administering the state plan on alcohol abuse and alcoholism and the state plan on drug abuse prevention. Amended by Act 2019, No. 910,§ 5213, eff. 7/1/2019. Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132.

The Secretary of the Department of Human Services shall be the single state authority and shall have primary responsibility for administering the state plan on alcohol abuse and alcoholism and the state plan on drug abuse prevention.

Amended by Act 2019, No. 910,§ 5213, eff. 7/1/2019.

Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132.
Ark. Code Ann. § 20-21-601 — AR Code / Title 20 / Chapter 21 / Subchapter 6 / Section 20-21-601
Public policy
Status: in_force

It is the policy of the State of Arkansas to provide a coordinated effort to enhance the capability of the individual state and local agencies to carry out their statutory response requirements in the event of a nuclear power plant accident at Arkansas Nuclear One, Units One and Two. Acts 1983, No. 544, § 1; A.S.A. 1947, § 82-1551.

It is the policy of the State of Arkansas to provide a coordinated effort to enhance the capability of the individual state and local agencies to carry out their statutory response requirements in the event of a nuclear power plant accident at Arkansas Nuclear One, Units One and Two.

Acts 1983, No. 544, § 1; A.S.A. 1947, § 82-1551.
Ark. Code Ann. § 20-15-2404 — AR Code / Title 20 / Chapter 15 / Subchapter 24 / Section 20-15-2404
Confidentiality
Status: in_force

(a) (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal and Perinatal Outcomes Quality Review Committee of the case to which they relate. (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project. (b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential. (c) (1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings. (d) (1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information. Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.

(a) (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal and Perinatal Outcomes Quality Review Committee of the case to which they relate. (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project.

(1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.

(2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal and Perinatal Outcomes Quality Review Committee of the case to which they relate.

(3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project.

(b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential.

(c) (1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.

(1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.

(2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.

(d) (1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.

(1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee.

(2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.

Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-29-111 — AR Code / Title 20 / Chapter 29 / Section 20-29-111
Use of funds exceeding $400,000
Status: in_force

On January 1 of any year, if the Manufactured Housing Recovery Fund exceeds four hundred thousand dollars ($400,000), the Arkansas Manufactured Home Commission may approve the use of up to five percent (5%) of the fund balance above that amount for training and education programs, including, but not limited to, workshops, instruction manuals, audio and video tapes, and presentations. Acts 1991, No. 373, § 3; 2001, No. 1263, § 6.

On January 1 of any year, if the Manufactured Housing Recovery Fund exceeds four hundred thousand dollars ($400,000), the Arkansas Manufactured Home Commission may approve the use of up to five percent (5%) of the fund balance above that amount for training and education programs, including, but not limited to, workshops, instruction manuals, audio and video tapes, and presentations.

Acts 1991, No. 373, § 3; 2001, No. 1263, § 6.
Ark. Code Ann. § 20-64-825 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-825
Voluntary status
Status: in_force

(a) At any time during detention, the person may be converted to voluntary status if the person's certified substance abuse counselor files a written statement of consent with the court. The court shall dismiss the petition immediately upon the filing of said statement. (b) If, upon evaluation, the certified substance abuse counselor determines that the person is not addicted to alcohol or drugs or would benefit by an alternative method of treatment, the counselor shall file a copy of the evaluation with the court along with a request for amendment of the court's order of detention. Acts 1989 (3rd Ex. Sess.), No. 10, § 12; 1991, No. 150, § 4.

(a) At any time during detention, the person may be converted to voluntary status if the person's certified substance abuse counselor files a written statement of consent with the court. The court shall dismiss the petition immediately upon the filing of said statement.

(b) If, upon evaluation, the certified substance abuse counselor determines that the person is not addicted to alcohol or drugs or would benefit by an alternative method of treatment, the counselor shall file a copy of the evaluation with the court along with a request for amendment of the court's order of detention.

Acts 1989 (3rd Ex. Sess.), No. 10, § 12; 1991, No. 150, § 4.
Ark. Code Ann. § 20-64-403 — AR Code / Title 20 / Chapter 64 / Subchapter 4 / Section 20-64-403
Use, possession, sale, etc., prohibited - Exceptions
Status: in_force

The drugs enumerated in § 20-64-402 may lawfully be possessed by: (1) A manufacturer licensed by the United States Food and Drug Administration to produce and distribute the drugs, or his or her agent, to be sold only to a person authorized in this section to possess the drugs or transport in interstate commerce. Each shipment must bear the identifying number assigned by the United States Food and Drug Administration; (2) (A) A licensed pharmacy, to be dispensed only to a licensed physician or research scientist qualified under subdivision (3) or subdivision (4) of this section. (B) However, every pharmacy which receives or dispenses the drug shall keep a record showing the date, amount, and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs. (C) The record shall be kept for a period of three (3) years from the date of the transaction recorded and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer; (3) (A) A licensed physician, provided that every physician who receives or administers the drug shall keep a record showing the date, amount, and source of drugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs. (B) Every record shall be kept for a period of three (3) years from the date of administration and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer. (C) Any physician who administers any drug listed in § 20-64-402 to any human being shall keep the patient under his or her personal supervision and care until the effect of the drug has entirely ceased; and (4) (A) A licensed psychologist or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician as provided in subdivision (3) of this section. (B) Any psychologist or research scientist who uses the drug shall keep a record showing the date, amount, and source of drugs received and the disposition and use of all drugs. (C) Every record shall be kept for a period of three (3) years from date of use and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer. Acts 1967, No. 111, § 2; A.S.A. 1947, § 82-2111.

The drugs enumerated in § 20-64-402 may lawfully be possessed by:

(1) A manufacturer licensed by the United States Food and Drug Administration to produce and distribute the drugs, or his or her agent, to be sold only to a person authorized in this section to possess the drugs or transport in interstate commerce. Each shipment must bear the identifying number assigned by the United States Food and Drug Administration;

(2) (A) A licensed pharmacy, to be dispensed only to a licensed physician or research scientist qualified under subdivision (3) or subdivision (4) of this section. (B) However, every pharmacy which receives or dispenses the drug shall keep a record showing the date, amount, and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs. (C) The record shall be kept for a period of three (3) years from the date of the transaction recorded and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer;

(A) A licensed pharmacy, to be dispensed only to a licensed physician or research scientist qualified under subdivision (3) or subdivision (4) of this section.

(B) However, every pharmacy which receives or dispenses the drug shall keep a record showing the date, amount, and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs.

(C) The record shall be kept for a period of three (3) years from the date of the transaction recorded and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer;

(3) (A) A licensed physician, provided that every physician who receives or administers the drug shall keep a record showing the date, amount, and source of drugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs. (B) Every record shall be kept for a period of three (3) years from the date of administration and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer. (C) Any physician who administers any drug listed in § 20-64-402 to any human being shall keep the patient under his or her personal supervision and care until the effect of the drug has entirely ceased; and

(A) A licensed physician, provided that every physician who receives or administers the drug shall keep a record showing the date, amount, and source of drugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs.

(B) Every record shall be kept for a period of three (3) years from the date of administration and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

(C) Any physician who administers any drug listed in § 20-64-402 to any human being shall keep the patient under his or her personal supervision and care until the effect of the drug has entirely ceased; and

(4) (A) A licensed psychologist or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician as provided in subdivision (3) of this section. (B) Any psychologist or research scientist who uses the drug shall keep a record showing the date, amount, and source of drugs received and the disposition and use of all drugs. (C) Every record shall be kept for a period of three (3) years from date of use and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

(A) A licensed psychologist or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician as provided in subdivision (3) of this section.

(B) Any psychologist or research scientist who uses the drug shall keep a record showing the date, amount, and source of drugs received and the disposition and use of all drugs.

(C) Every record shall be kept for a period of three (3) years from date of use and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

Acts 1967, No. 111, § 2; A.S.A. 1947, § 82-2111.
Ark. Code Ann. § 20-64-902 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-902
Definition
Status: in_force

An "alcohol and drug abuse treatment program" means a program that renders or offers to render to a person or group of persons any service that assists the person or group to develop an understanding of alcoholism and drug dependency problems and to define goals and plan courses of action reflecting the person's or group's interests, abilities, and needs as affected by alcoholism and drug dependency problems. The definition includes actions taken with the intent of the cessation of harmful or addictive use of alcohol or other drugs. It includes, but is not restricted to, one (1) or more of the following: (1) Counseling with individuals, families, or groups; (2) Helping persons or families obtain other services appropriate to alcoholism and drug abuse rehabilitation; and (3) Engaging in alcoholism and drug abuse research, education, or prevention through the administration of alcoholism and drug abuse counseling. Amended by Act 2013, No. 1132,§ 37, eff. 8/16/2013. Acts 1995, No. 173, § 2.

An "alcohol and drug abuse treatment program" means a program that renders or offers to render to a person or group of persons any service that assists the person or group to develop an understanding of alcoholism and drug dependency problems and to define goals and plan courses of action reflecting the person's or group's interests, abilities, and needs as affected by alcoholism and drug dependency problems. The definition includes actions taken with the intent of the cessation of harmful or addictive use of alcohol or other drugs. It includes, but is not restricted to, one (1) or more of the following:

(1) Counseling with individuals, families, or groups;

(2) Helping persons or families obtain other services appropriate to alcoholism and drug abuse rehabilitation; and

(3) Engaging in alcoholism and drug abuse research, education, or prevention through the administration of alcoholism and drug abuse counseling.

Amended by Act 2013, No. 1132,§ 37, eff. 8/16/2013.

Acts 1995, No. 173, § 2.
Ark. Code Ann. § 20-27-1602 — AR Code / Title 20 / Chapter 27 / Subchapter 16 / Section 20-27-1602
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate, or other enclosure for confining a child in a play yard, stationary activity center, carrier, stroller, walker, swing, toy, or play equipment that meets the following criteria: (i) The product is designed or intended for the care of or use by children under six (6) years of age or is designed or intended for the care of or use by both children under six (6) years of age and children six (6) years of age or older; and (ii) The product is designed or intended to come into contact with the child while the product is used. (B) "Children's product" does not mean a product that: (i) May be used by or for the care of a child under six (6) years of age but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child; or (ii) Is a medication, drug, or food that is intended to be ingested; (2) "Commercial user" means any person who deals in children's products or who otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to children's products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products; (3) "Crib" means a bed or containment designed to accommodate an infant; (4) "Full-size crib" means a full-size crib as defined in 16 C.F.R. § 1508.3 , as it exists on January 1, 2001, regarding the requirements for full-size cribs; (5) "Infant" means any person less than thirty-five inches (35") tall and less than three (3) years of age; (6) "Non-full-size crib" means a non-full-size crib as defined in 16 C.F.R. § 1509.3 , as it exists on January 1, 2001, regarding the requirements for non-full-size cribs; and (7) "Person" means a natural person, firm, corporation, limited liability company, or association or an employee or agent of a natural person or an entity. Acts 2001, No. 1313, § 2.

As used in this subchapter:

(1) (A) "Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate, or other enclosure for confining a child in a play yard, stationary activity center, carrier, stroller, walker, swing, toy, or play equipment that meets the following criteria: (i) The product is designed or intended for the care of or use by children under six (6) years of age or is designed or intended for the care of or use by both children under six (6) years of age and children six (6) years of age or older; and (ii) The product is designed or intended to come into contact with the child while the product is used. (B) "Children's product" does not mean a product that: (i) May be used by or for the care of a child under six (6) years of age but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child; or (ii) Is a medication, drug, or food that is intended to be ingested;

(A) "Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate, or other enclosure for confining a child in a play yard, stationary activity center, carrier, stroller, walker, swing, toy, or play equipment that meets the following criteria: (i) The product is designed or intended for the care of or use by children under six (6) years of age or is designed or intended for the care of or use by both children under six (6) years of age and children six (6) years of age or older; and (ii) The product is designed or intended to come into contact with the child while the product is used.

(i) The product is designed or intended for the care of or use by children under six (6) years of age or is designed or intended for the care of or use by both children under six (6) years of age and children six (6) years of age or older; and

(ii) The product is designed or intended to come into contact with the child while the product is used.

(B) "Children's product" does not mean a product that: (i) May be used by or for the care of a child under six (6) years of age but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child; or (ii) Is a medication, drug, or food that is intended to be ingested;

(i) May be used by or for the care of a child under six (6) years of age but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child; or

(ii) Is a medication, drug, or food that is intended to be ingested;

(2) "Commercial user" means any person who deals in children's products or who otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to children's products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products;

(3) "Crib" means a bed or containment designed to accommodate an infant;

(4) "Full-size crib" means a full-size crib as defined in 16 C.F.R. § 1508.3 , as it exists on January 1, 2001, regarding the requirements for full-size cribs;

(5) "Infant" means any person less than thirty-five inches (35") tall and less than three (3) years of age;

(6) "Non-full-size crib" means a non-full-size crib as defined in 16 C.F.R. § 1509.3 , as it exists on January 1, 2001, regarding the requirements for non-full-size cribs; and

(7) "Person" means a natural person, firm, corporation, limited liability company, or association or an employee or agent of a natural person or an entity.

Acts 2001, No. 1313, § 2.
Ark. Code Ann. § 20-27-1308 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1308
Director - Powers and duties generally
Status: in_force

(a) In addition to other powers and authority provided by law, the Director of the Division of Labor or his or her authorized representative shall have the following authority: (1) To promulgate rules for the administration and enforcement of this subchapter after public hearing and opportunity for public comment; (2) To establish by rule standards for the performance of blasting operations at mines after public hearing and opportunity for public comment; (3) To investigate as to any violation of this subchapter or any rule or order issued under this subchapter; (4) To administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all records and other evidence relative to any matter under investigation or hearing; (5) To enter and inspect during normal business hours any mine, any place of business of a mine owner or operator, or any place of business of any contractor engaged in blasting operations at any mine for the purpose of ascertaining compliance with this subchapter and any rule or order issued under this subchapter. This right of entry includes the right to examine, inspect, and copy any appropriate records and to question any employees; (6) To issue cease and desist orders, as well as orders directing that affirmative measures be taken to comply with this subchapter and any rule issued under this subchapter; (7) To require, at his or her discretion, a mine owner or operator or contractor to offer a pre-blast survey of all buildings or structures up to a radius of one-half (1/2) of a mile of the perimeter of the mine before the initiation of blasting or the continuation of blasting under such terms and conditions as may be established by order of the director; (8) To require, at his or her discretion, a mine owner or operator or contractor to develop and submit a blasting plan for approval; (9) To require, at his or her discretion, a mine owner or operator or contractor to monitor and measure air blasts or ground vibration, or both, under such terms and conditions as may be established by order of the director or to conduct such monitoring and measuring through his or her authorized representative; (10) To issue a variance from any specific requirement of this subchapter or any rule issued under this subchapter, provided that literal compliance would constitute an undue hardship and that reasonable safety of persons and property is secured; (11) To certify to official acts; (12) To assess civil penalties as provided in § 20-27-1313 ; and (13) To enforce generally this subchapter and the rules and orders issued under this subchapter. (b) In determining whether to order a pre-blast survey or whether to order monitoring and measurement of air blasts and ground vibration, the director may consider the nature of any written complaints made against that owner or operator or contractor or any written complaints about that specific mine location, as well as the number and frequency of such complaints. (c) In case of failure of any person to comply with any subpoena lawfully issued under this section or upon the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any circuit court or judge thereof, upon application of the Division of Labor, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein. Amended by Act 2019, No. 315,§ 2111, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2110, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2109, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2108, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5493, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5492, eff. 7/1/2019. Acts 1995, No. 814, § 4.

(a) In addition to other powers and authority provided by law, the Director of the Division of Labor or his or her authorized representative shall have the following authority: (1) To promulgate rules for the administration and enforcement of this subchapter after public hearing and opportunity for public comment; (2) To establish by rule standards for the performance of blasting operations at mines after public hearing and opportunity for public comment; (3) To investigate as to any violation of this subchapter or any rule or order issued under this subchapter; (4) To administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all records and other evidence relative to any matter under investigation or hearing; (5) To enter and inspect during normal business hours any mine, any place of business of a mine owner or operator, or any place of business of any contractor engaged in blasting operations at any mine for the purpose of ascertaining compliance with this subchapter and any rule or order issued under this subchapter. This right of entry includes the right to examine, inspect, and copy any appropriate records and to question any employees; (6) To issue cease and desist orders, as well as orders directing that affirmative measures be taken to comply with this subchapter and any rule issued under this subchapter; (7) To require, at his or her discretion, a mine owner or operator or contractor to offer a pre-blast survey of all buildings or structures up to a radius of one-half (1/2) of a mile of the perimeter of the mine before the initiation of blasting or the continuation of blasting under such terms and conditions as may be established by order of the director; (8) To require, at his or her discretion, a mine owner or operator or contractor to develop and submit a blasting plan for approval; (9) To require, at his or her discretion, a mine owner or operator or contractor to monitor and measure air blasts or ground vibration, or both, under such terms and conditions as may be established by order of the director or to conduct such monitoring and measuring through his or her authorized representative; (10) To issue a variance from any specific requirement of this subchapter or any rule issued under this subchapter, provided that literal compliance would constitute an undue hardship and that reasonable safety of persons and property is secured; (11) To certify to official acts; (12) To assess civil penalties as provided in § 20-27-1313 ; and (13) To enforce generally this subchapter and the rules and orders issued under this subchapter.

(1) To promulgate rules for the administration and enforcement of this subchapter after public hearing and opportunity for public comment;

(2) To establish by rule standards for the performance of blasting operations at mines after public hearing and opportunity for public comment;

(3) To investigate as to any violation of this subchapter or any rule or order issued under this subchapter;

(4) To administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all records and other evidence relative to any matter under investigation or hearing;

(5) To enter and inspect during normal business hours any mine, any place of business of a mine owner or operator, or any place of business of any contractor engaged in blasting operations at any mine for the purpose of ascertaining compliance with this subchapter and any rule or order issued under this subchapter. This right of entry includes the right to examine, inspect, and copy any appropriate records and to question any employees;

(6) To issue cease and desist orders, as well as orders directing that affirmative measures be taken to comply with this subchapter and any rule issued under this subchapter;

(7) To require, at his or her discretion, a mine owner or operator or contractor to offer a pre-blast survey of all buildings or structures up to a radius of one-half (1/2) of a mile of the perimeter of the mine before the initiation of blasting or the continuation of blasting under such terms and conditions as may be established by order of the director;

(8) To require, at his or her discretion, a mine owner or operator or contractor to develop and submit a blasting plan for approval;

(9) To require, at his or her discretion, a mine owner or operator or contractor to monitor and measure air blasts or ground vibration, or both, under such terms and conditions as may be established by order of the director or to conduct such monitoring and measuring through his or her authorized representative;

(10) To issue a variance from any specific requirement of this subchapter or any rule issued under this subchapter, provided that literal compliance would constitute an undue hardship and that reasonable safety of persons and property is secured;

(11) To certify to official acts;

(12) To assess civil penalties as provided in § 20-27-1313 ; and

(13) To enforce generally this subchapter and the rules and orders issued under this subchapter.

(b) In determining whether to order a pre-blast survey or whether to order monitoring and measurement of air blasts and ground vibration, the director may consider the nature of any written complaints made against that owner or operator or contractor or any written complaints about that specific mine location, as well as the number and frequency of such complaints.

(c) In case of failure of any person to comply with any subpoena lawfully issued under this section or upon the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any circuit court or judge thereof, upon application of the Division of Labor, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein.

Amended by Act 2019, No. 315,§ 2111, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2110, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2109, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2108, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5493, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5492, eff. 7/1/2019.

Acts 1995, No. 814, § 4.
Ark. Code Ann. § 20-61-303 — AR Code / Title 20 / Chapter 61 / Subchapter 3 / Section 20-61-303
Administration of subchapter by Director of the Arkansas Bureau of Standards
Status: in_force

This subchapter shall be administered and enforced by the Director of the Arkansas Bureau of Standards. Acts 1981, No. 77, § 2; A.S.A. 1947, § 82-995.2.

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

Acts 1981, No. 77, § 2; A.S.A. 1947, § 82-995.2.
Ark. Code Ann. § 20-77-105 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-105
Double billing - Suspension of medical services provider from Arkansas Medicaid Program
Status: in_force

(a) Any provider of medical services which shall be determined by the administrator of the single state agency for Medicaid to purposely engage in the practice of seeking or receiving double or duplicate payments for the same services either through double billing or through any other device may be suspended from the Arkansas Medicaid Program for a period of time not less than ninety (90) days or not more than one (1) year. (b) In addition, as a condition of and before reinstatement to the program, the medical services provider shall make full and reasonable restitution to the Medicaid-eligible person or his or her payee for all payment collected. Acts 1979, No. 617, § 2; A.S.A. 1947, § 83-173.

(a) Any provider of medical services which shall be determined by the administrator of the single state agency for Medicaid to purposely engage in the practice of seeking or receiving double or duplicate payments for the same services either through double billing or through any other device may be suspended from the Arkansas Medicaid Program for a period of time not less than ninety (90) days or not more than one (1) year.

(b) In addition, as a condition of and before reinstatement to the program, the medical services provider shall make full and reasonable restitution to the Medicaid-eligible person or his or her payee for all payment collected.

Acts 1979, No. 617, § 2; A.S.A. 1947, § 83-173.
Ark. Code Ann. § 20-9-1305 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1305
[Repealed]
Status: repealed

Repealed by Act 2017, No. 975,§ 2, eff. 8/1/2017. Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.

Repealed by Act 2017, No. 975,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-7-603 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-603
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Arkansas Medicaid prescription drug program" means the prescription drug program that is a portion of the Title XIX Medicaid program for the State of Arkansas. (B) The Arkansas Medicaid prescription drug program includes any entity contracted with the Arkansas Medicaid prescription drug program and to which the Arkansas Medicaid Program has granted authority; (2) "Certified law enforcement prescription drug diversion investigator" means a certified law enforcement officer assigned by his or her law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescription drug diversion approved by the Prescription Drug Monitoring Program Advisory Committee and certified by the Arkansas Commission on Law Enforcement Standards and Training; (3) "Controlled substance" means a drug, substance, or immediate precursor in Schedules II-V; (4) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including without limitation the prescribing, administering, packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery; (5) (A) "Dispenser" means a practitioner who dispenses. (B) "Dispenser" does not include: (i) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public; (ii) A wholesale distributor of Schedules II-V controlled substances; or (iii) A practitioner or other authorized person who administers a controlled substance; (6) "Exchangeability" means the ability of the program to electronically share reported information with another state's prescription monitoring program if the information concerns the dispensing of a controlled substance either: (A) To a patient who resides in the other state; or (B) Prescribed by a practitioner whose principal place of business is located in the other state; (7) "Investigation" means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry: (A) Could lead to the filing of administrative, civil, or criminal proceedings; or (B) Is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future; (8) "Opioid" means a drug or medication that relieves pain, including without limitation: (A) Hydrocodone; (B) Oxycodone; (C) Morphine; (D) Codeine; (E) Heroin; and (F) Fentanyl; (9) "Patient" means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance is lawfully dispensed; (10) "Practitioner" means: (A) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (11) "Prescribe" means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance; (12) "Prescriber" means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance; (13) "Prescription" means a controlled substance lawfully prescribed and subsequently dispensed; (14) "Prescription drug monitoring program" means a program that collects, manages, analyzes, and provides information regarding Schedule II, III, IV, and V controlled substances as provided under the Uniform Controlled Substances Act, § 5-64-101 et seq., §§ 5-64-1101 - 5-64-1103 , the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., or §§ 20-64-501 - 20-64-513 ; (15) "Qualified law enforcement agency" means a law enforcement agency that has a certified law enforcement prescription drug diversion investigator and a chief, sheriff, or law enforcement chief executive officer who has successfully completed a certification course in prescription drug diversion approved by the commission; (16) "Schedule II" means controlled substances that are placed in Schedule II under § 5-64-205 ; (17) "Schedule III" means controlled substances that are placed in Schedule III under § 5-64-207 ; (18) "Schedule IV" means controlled substances that are placed in Schedule IV under § 5-64-209 ; (19) "Schedule V" means controlled substances that are placed in Schedule V under § 5-64-211 ; and (20) "Ultimate user" means a person who lawfully possesses a controlled substance for: (A) The person's own use; (B) The use of a member of the person's household; or (C) Administering to an animal owned by a person or by a member of the person's household. Amended by Act 2017, No. 46,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1208,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 901,§ 1, eff. 7/22/2015. Acts 2011, No. 304, § 1.

As used in this subchapter:

(1) (A) "Arkansas Medicaid prescription drug program" means the prescription drug program that is a portion of the Title XIX Medicaid program for the State of Arkansas. (B) The Arkansas Medicaid prescription drug program includes any entity contracted with the Arkansas Medicaid prescription drug program and to which the Arkansas Medicaid Program has granted authority;

(A) "Arkansas Medicaid prescription drug program" means the prescription drug program that is a portion of the Title XIX Medicaid program for the State of Arkansas.

(B) The Arkansas Medicaid prescription drug program includes any entity contracted with the Arkansas Medicaid prescription drug program and to which the Arkansas Medicaid Program has granted authority;

(2) "Certified law enforcement prescription drug diversion investigator" means a certified law enforcement officer assigned by his or her law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescription drug diversion approved by the Prescription Drug Monitoring Program Advisory Committee and certified by the Arkansas Commission on Law Enforcement Standards and Training;

(3) "Controlled substance" means a drug, substance, or immediate precursor in Schedules II-V;

(4) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including without limitation the prescribing, administering, packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery;

(5) (A) "Dispenser" means a practitioner who dispenses. (B) "Dispenser" does not include: (i) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public; (ii) A wholesale distributor of Schedules II-V controlled substances; or (iii) A practitioner or other authorized person who administers a controlled substance;

(A) "Dispenser" means a practitioner who dispenses.

(B) "Dispenser" does not include: (i) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public; (ii) A wholesale distributor of Schedules II-V controlled substances; or (iii) A practitioner or other authorized person who administers a controlled substance;

(i) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public;

(ii) A wholesale distributor of Schedules II-V controlled substances; or

(iii) A practitioner or other authorized person who administers a controlled substance;

(6) "Exchangeability" means the ability of the program to electronically share reported information with another state's prescription monitoring program if the information concerns the dispensing of a controlled substance either: (A) To a patient who resides in the other state; or (B) Prescribed by a practitioner whose principal place of business is located in the other state;

(A) To a patient who resides in the other state; or

(B) Prescribed by a practitioner whose principal place of business is located in the other state;

(7) "Investigation" means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry: (A) Could lead to the filing of administrative, civil, or criminal proceedings; or (B) Is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future;

(A) Could lead to the filing of administrative, civil, or criminal proceedings; or

(B) Is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future;

(8) "Opioid" means a drug or medication that relieves pain, including without limitation: (A) Hydrocodone; (B) Oxycodone; (C) Morphine; (D) Codeine; (E) Heroin; and (F) Fentanyl;

(A) Hydrocodone;

(B) Oxycodone;

(C) Morphine;

(D) Codeine;

(E) Heroin; and

(F) Fentanyl;

(9) "Patient" means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance is lawfully dispensed;

(10) "Practitioner" means: (A) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(A) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and

(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(11) "Prescribe" means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance;

(12) "Prescriber" means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance;

(13) "Prescription" means a controlled substance lawfully prescribed and subsequently dispensed;

(14) "Prescription drug monitoring program" means a program that collects, manages, analyzes, and provides information regarding Schedule II, III, IV, and V controlled substances as provided under the Uniform Controlled Substances Act, § 5-64-101 et seq., §§ 5-64-1101 - 5-64-1103 , the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., or §§ 20-64-501 - 20-64-513 ;

(15) "Qualified law enforcement agency" means a law enforcement agency that has a certified law enforcement prescription drug diversion investigator and a chief, sheriff, or law enforcement chief executive officer who has successfully completed a certification course in prescription drug diversion approved by the commission;

(16) "Schedule II" means controlled substances that are placed in Schedule II under § 5-64-205 ;

(17) "Schedule III" means controlled substances that are placed in Schedule III under § 5-64-207 ;

(18) "Schedule IV" means controlled substances that are placed in Schedule IV under § 5-64-209 ;

(19) "Schedule V" means controlled substances that are placed in Schedule V under § 5-64-211 ; and

(20) "Ultimate user" means a person who lawfully possesses a controlled substance for: (A) The person's own use; (B) The use of a member of the person's household; or (C) Administering to an animal owned by a person or by a member of the person's household.

(A) The person's own use;

(B) The use of a member of the person's household; or

(C) Administering to an animal owned by a person or by a member of the person's household.

Amended by Act 2017, No. 46,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1208,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 901,§ 1, eff. 7/22/2015.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-47-109 — AR Code / Title 20 / Chapter 47 / Subchapter 1 / Section 20-47-109
Abuse of patients prohibited
Status: in_force

(a) In addition to the protections provided to patients under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., employees, agents, servants, or officers of the Arkansas State Hospital are prohibited from striking, beating, abusing, intimidating, assaulting, or in any manner physically chastising any patient in the Arkansas State Hospital. (b) (1) It is the duty of all employees, agents, servants, or officers of the Arkansas State Hospital, upon learning of a violation of subsection (a) of this section, to immediately notify in writing the Director of the Arkansas State Hospital. (2) Upon receiving a written report of a violation of this section, the director shall immediately investigate the incident and submit a report of the result of his or her findings to the Department of Human Services State Institutional System Board at its next regular meeting. (3) If the board finds the report to be true and finds that a violation of this section has occurred, the person who violated this section shall be immediately dismissed from employment at the Arkansas State Hospital and is no longer eligible for further employment with the Arkansas State Hospital. (4) If the board, after reading the report, determines that a violation of the state's criminal laws has occurred, the board shall immediately submit the report to the prosecuting attorney. Amended by Act 2017, No. 423,§ 35, eff. 8/1/2017. Acts 1971, No. 433, ch. 7, § 1; A.S.A. 1947, § 59-601.

(a) In addition to the protections provided to patients under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., employees, agents, servants, or officers of the Arkansas State Hospital are prohibited from striking, beating, abusing, intimidating, assaulting, or in any manner physically chastising any patient in the Arkansas State Hospital.

(b) (1) It is the duty of all employees, agents, servants, or officers of the Arkansas State Hospital, upon learning of a violation of subsection (a) of this section, to immediately notify in writing the Director of the Arkansas State Hospital. (2) Upon receiving a written report of a violation of this section, the director shall immediately investigate the incident and submit a report of the result of his or her findings to the Department of Human Services State Institutional System Board at its next regular meeting. (3) If the board finds the report to be true and finds that a violation of this section has occurred, the person who violated this section shall be immediately dismissed from employment at the Arkansas State Hospital and is no longer eligible for further employment with the Arkansas State Hospital. (4) If the board, after reading the report, determines that a violation of the state's criminal laws has occurred, the board shall immediately submit the report to the prosecuting attorney.

(1) It is the duty of all employees, agents, servants, or officers of the Arkansas State Hospital, upon learning of a violation of subsection (a) of this section, to immediately notify in writing the Director of the Arkansas State Hospital.

(2) Upon receiving a written report of a violation of this section, the director shall immediately investigate the incident and submit a report of the result of his or her findings to the Department of Human Services State Institutional System Board at its next regular meeting.

(3) If the board finds the report to be true and finds that a violation of this section has occurred, the person who violated this section shall be immediately dismissed from employment at the Arkansas State Hospital and is no longer eligible for further employment with the Arkansas State Hospital.

(4) If the board, after reading the report, determines that a violation of the state's criminal laws has occurred, the board shall immediately submit the report to the prosecuting attorney.

Amended by Act 2017, No. 423,§ 35, eff. 8/1/2017.

Acts 1971, No. 433, ch. 7, § 1; A.S.A. 1947, § 59-601.
Ark. Code Ann. § 20-76-213 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-213
Electronic benefit transfer system for food stamps
Status: in_force

The Division of Medical Services of the Department of Human Services shall establish a program utilizing an electronic benefit transfer system for the distribution and redemption of food stamps, whereby food stamp recipients will no longer use paper coupons to participate in the federal food stamp program. Acts 1993, No. 134, § 2.

The Division of Medical Services of the Department of Human Services shall establish a program utilizing an electronic benefit transfer system for the distribution and redemption of food stamps, whereby food stamp recipients will no longer use paper coupons to participate in the federal food stamp program.

Acts 1993, No. 134, § 2.
Ark. Code Ann. § 20-14-301 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-301
Policy
Status: in_force

(a) It is the policy of this state to accord individuals with visual, hearing, or other physical disabilities all rights and privileges of other persons with respect to the use of public streets, highways, sidewalks, public buildings, public facilities, public carriers, public housing accommodations, public amusement and resort areas, and other public areas to which the public is invited, subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter for individuals with visual, hearing, or other physical disabilities. (b) It is further the policy of this state that individuals with visual, hearing, or other physical disabilities shall be employed in state service, in the service of political subdivisions of this state, in the public schools, and in all other employment supported in whole or in part by public funds, on the same terms and conditions as individuals without visual, hearing, or other physical disabilities, unless it is shown that the visual, hearing, or other physical disability of a person prevents the performance of the work involved. Acts 1973, No. 484, § 1; 1979, No. 574, § 1; A.S.A. 1947, § 82-2901.

(a) It is the policy of this state to accord individuals with visual, hearing, or other physical disabilities all rights and privileges of other persons with respect to the use of public streets, highways, sidewalks, public buildings, public facilities, public carriers, public housing accommodations, public amusement and resort areas, and other public areas to which the public is invited, subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter for individuals with visual, hearing, or other physical disabilities.

(b) It is further the policy of this state that individuals with visual, hearing, or other physical disabilities shall be employed in state service, in the service of political subdivisions of this state, in the public schools, and in all other employment supported in whole or in part by public funds, on the same terms and conditions as individuals without visual, hearing, or other physical disabilities, unless it is shown that the visual, hearing, or other physical disability of a person prevents the performance of the work involved.

Acts 1973, No. 484, § 1; 1979, No. 574, § 1; A.S.A. 1947, § 82-2901.
Ark. Code Ann. § 20-15-203 — AR Code / Title 20 / Chapter 15 / Subchapter 2 / Section 20-15-203
Confidentiality - Definition
Status: in_force

(a) Information accumulated and maintained in the Arkansas Central Cancer Registry shall not be divulged except for statistical information that does not identify individuals and for purposes of research by a qualified researcher. (b) As used in this section, "qualified researcher" means a researcher from a recognized institution, including without limitation an academic, state or federal government, or nonprofit nongovernmental institution, and who is adequately trained about conditions where names and identities of individuals are appropriately protected while conducting research for the purposes of cancer prevention, control, and treatment. Amended by Act 2021, No. 345,§ 1, eff. 7/28/2021. Acts 1989, No. 435, § 2.

(a) Information accumulated and maintained in the Arkansas Central Cancer Registry shall not be divulged except for statistical information that does not identify individuals and for purposes of research by a qualified researcher.

(b) As used in this section, "qualified researcher" means a researcher from a recognized institution, including without limitation an academic, state or federal government, or nonprofit nongovernmental institution, and who is adequately trained about conditions where names and identities of individuals are appropriately protected while conducting research for the purposes of cancer prevention, control, and treatment.

Amended by Act 2021, No. 345,§ 1, eff. 7/28/2021.

Acts 1989, No. 435, § 2.
Ark. Code Ann. § 20-22-710 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-710
Location, display, sale, etc
Status: in_force

(a) The placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass on to the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within ten feet (10') of where the fireworks are offered for sale is declared unlawful and prohibited. (b) At all places where fireworks are stored or sold, there shall be posted signs with the words "FIREWORKS - NO SMOKING" in letters not less than four inches (4") high at each entrance to the retail sales area. (c) (1) No fireworks are to be sold at retail at any location where paints, oils, or varnishes are kept for use or sale, unless the paints, oils, and varnishes are kept in the original unbroken containers, nor where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold. (2) Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50') of the following: (A) Motor vehicle fuel dispensing station dispensers; (B) Retail propane dispensing station dispensers; (C) Above-ground storage tanks for flammable or combustible liquids; (D) Flammable gases or flammable liquefied gases; or (E) Compressed natural gas dispensing facilities. (d) All firework devices that are readily accessible to handling by a consumer or purchaser shall have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash, or other ignition source. Safety-type-thread wrapped and coated fuses are exempt from this section. (e) All licensees under this subchapter shall have a fire extinguisher of a type approved by the State Fire Marshal in an area readily accessible to any point of storage or sale of fireworks. In lieu of such an extinguisher, retailers may maintain a common type of water hose, charged and connected to a water system, which is readily available to any area where fireworks are stored or sold. Amended by Act 2023, No. 841,§ 37, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6017, eff. 7/1/2019. Acts 1961, No. 224, § 4; 1985, No. 1041, § 1; A.S.A. 1947, § 82-1704; Acts 2009, No. 239, § 1.

(a) The placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass on to the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within ten feet (10') of where the fireworks are offered for sale is declared unlawful and prohibited.

(b) At all places where fireworks are stored or sold, there shall be posted signs with the words "FIREWORKS - NO SMOKING" in letters not less than four inches (4") high at each entrance to the retail sales area.

(c) (1) No fireworks are to be sold at retail at any location where paints, oils, or varnishes are kept for use or sale, unless the paints, oils, and varnishes are kept in the original unbroken containers, nor where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold. (2) Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50') of the following: (A) Motor vehicle fuel dispensing station dispensers; (B) Retail propane dispensing station dispensers; (C) Above-ground storage tanks for flammable or combustible liquids; (D) Flammable gases or flammable liquefied gases; or (E) Compressed natural gas dispensing facilities.

(1) No fireworks are to be sold at retail at any location where paints, oils, or varnishes are kept for use or sale, unless the paints, oils, and varnishes are kept in the original unbroken containers, nor where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold.

(2) Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50') of the following: (A) Motor vehicle fuel dispensing station dispensers; (B) Retail propane dispensing station dispensers; (C) Above-ground storage tanks for flammable or combustible liquids; (D) Flammable gases or flammable liquefied gases; or (E) Compressed natural gas dispensing facilities.

(A) Motor vehicle fuel dispensing station dispensers;

(B) Retail propane dispensing station dispensers;

(C) Above-ground storage tanks for flammable or combustible liquids;

(D) Flammable gases or flammable liquefied gases; or

(E) Compressed natural gas dispensing facilities.

(d) All firework devices that are readily accessible to handling by a consumer or purchaser shall have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash, or other ignition source. Safety-type-thread wrapped and coated fuses are exempt from this section.

(e) All licensees under this subchapter shall have a fire extinguisher of a type approved by the State Fire Marshal in an area readily accessible to any point of storage or sale of fireworks. In lieu of such an extinguisher, retailers may maintain a common type of water hose, charged and connected to a water system, which is readily available to any area where fireworks are stored or sold.

Amended by Act 2023, No. 841,§ 37, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6017, eff. 7/1/2019.

Acts 1961, No. 224, § 4; 1985, No. 1041, § 1; A.S.A. 1947, § 82-1704; Acts 2009, No. 239, § 1.
Ark. Code Ann. § 20-17-214 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-214
Who may execute written request for another
Status: in_force

(a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation: (1) A legal guardian of the patient, if one has been appointed; (2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient; (3) The patient's spouse; (4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision; (5) The parents of a patient over the age of eighteen (18); (6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision; (7) Persons standing in loco parentis to the patient; or (8) A majority of the patient's adult heirs at law who participate in the decision. (b) (1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored. (2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body. Acts 1987, No. 713, § 14; 2003, No. 1322, § 9.

(a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation: (1) A legal guardian of the patient, if one has been appointed; (2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient; (3) The patient's spouse; (4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision; (5) The parents of a patient over the age of eighteen (18); (6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision; (7) Persons standing in loco parentis to the patient; or (8) A majority of the patient's adult heirs at law who participate in the decision.

(1) A legal guardian of the patient, if one has been appointed;

(2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient;

(3) The patient's spouse;

(4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision;

(5) The parents of a patient over the age of eighteen (18);

(6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision;

(7) Persons standing in loco parentis to the patient; or

(8) A majority of the patient's adult heirs at law who participate in the decision.

(b) (1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored. (2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.

(1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored.

(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.

Acts 1987, No. 713, § 14; 2003, No. 1322, § 9.
Ark. Code Ann. § 20-59-213 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-213
Dairy products from another state
Status: in_force

(a) It is required that all dairy products as defined by § 20-59-201(2) shipped into this state from another state shall meet the sanitary standards, definitions, and requirements of Arkansas law and the rules promulgated by the State Board of Health. (b) The board is authorized to establish acceptable reciprocal inspection authorities, interstate and intrastate, to properly enforce and administer this section in accordance with specifications and rules adopted. (c) A reasonable fee to be determined by the board shall be charged for all out-of-state inspections where reciprocal inspections are not available and cannot be negotiated. Amended by Act 2019, No. 315,§ 2194, eff. 7/24/2019. Acts 1973, No. 70, § 1; A.S.A. 1947, § 82-912.1.

(a) It is required that all dairy products as defined by § 20-59-201(2) shipped into this state from another state shall meet the sanitary standards, definitions, and requirements of Arkansas law and the rules promulgated by the State Board of Health.

(b) The board is authorized to establish acceptable reciprocal inspection authorities, interstate and intrastate, to properly enforce and administer this section in accordance with specifications and rules adopted.

(c) A reasonable fee to be determined by the board shall be charged for all out-of-state inspections where reciprocal inspections are not available and cannot be negotiated.

Amended by Act 2019, No. 315,§ 2194, eff. 7/24/2019.

Acts 1973, No. 70, § 1; A.S.A. 1947, § 82-912.1.
Ark. Code Ann. § 20-6-311 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-311
Applicability - Death - Life insurance
Status: in_force

(a) A death that results from compliance with a physician order for life-sustaining treatment form does not constitute a suicide, homicide, or abuse, for any reason. (b) (1) The execution of a physician order for life-sustaining treatment form does not affect the sale, procurement, or issuance of a life insurance policy or annuity policy. (2) A life insurance policy or annuity policy shall not be impaired or invalidated if emergency care or life-sustaining treatment is withheld from an insured individual who has executed a physician order for life-sustaining treatment form. (c) This subchapter does not: (1) Condone, authorize, or approve mercy killing, euthanasia, or physician-assisted suicide; or (2) Permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

(a) A death that results from compliance with a physician order for life-sustaining treatment form does not constitute a suicide, homicide, or abuse, for any reason.

(b) (1) The execution of a physician order for life-sustaining treatment form does not affect the sale, procurement, or issuance of a life insurance policy or annuity policy. (2) A life insurance policy or annuity policy shall not be impaired or invalidated if emergency care or life-sustaining treatment is withheld from an insured individual who has executed a physician order for life-sustaining treatment form.

(1) The execution of a physician order for life-sustaining treatment form does not affect the sale, procurement, or issuance of a life insurance policy or annuity policy.

(2) A life insurance policy or annuity policy shall not be impaired or invalidated if emergency care or life-sustaining treatment is withheld from an insured individual who has executed a physician order for life-sustaining treatment form.

(c) This subchapter does not: (1) Condone, authorize, or approve mercy killing, euthanasia, or physician-assisted suicide; or (2) Permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

(1) Condone, authorize, or approve mercy killing, euthanasia, or physician-assisted suicide; or

(2) Permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.