Ark. Code Ann. § 20-16-810 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-810
Disclosure and consent form
Status: in_force

(a) Physicians shall use a form created by the Department of Health to obtain the consent required prior to performing an abortion on a pregnant woman. (b) A form is not valid and consent is not sufficient unless: (1) A parent or legal guardian initials each page of the form, indicating that he or she has read and understands the information included on that page; (2) A parent or legal guardian signs the last page of the form in front of a person who is a notary public; (3) The pregnant woman initials each list of risks and hazards detailed in subdivision (c)(4) of this section; (4) The pregnant woman signs a consent statement described in subdivision (c)(6) of this section; and (5) The physician signs a physician declaration described in subdivision (c)(7) of this section. (c) The form shall include without limitation the following information: (1) A description of the pregnant woman's rights, including the right to informed consent as granted by the Woman's Right to Know Act of 2001, § 20-16-901 et seq. [repealed]; and the Woman's Right-to-Know Act, § 20-16-1701 et seq.; (2) A description of the parent or legal guardian's rights under state law; (3) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman; (4) A detailed list of the risks and hazards related to the surgical or medical procedures planned for the pregnant woman, including without limitation the following risks and hazards that may occur: (A) Infection; (B) Blood clots; (C) Hemorrhage; (D) Allergic reactions; (E) A hole in the uterus or other damage to the uterus; (F) Sterility; (G) Injury to the bowel or bladder; (H) Possible hysterectomy as a result of complication or injury during the procedure; (I) Failure to remove all products of conception; (J) Possible continuation of pregnancy; (K) Cramping of the uterus or pelvic pain; (L) Cervical laceration; (M) Incompetent cervix; (N) Emergency treatment for any complications; or (O) Death; (5) A description of additional information that shall be provided by the physician to the pregnant woman under state law; (6) A consent statement signed by the pregnant woman that includes without limitation the following information individually initialed by the pregnant woman that the pregnant woman: (A) Understands that the doctor is going to perform an abortion on her that will end her pregnancy and will result in the death of her unborn child; (B) Is not being forced to have an abortion and that she has the choice not to have the abortion and may withdraw consent prior to the abortion; (C) Gives permission for the procedure; (D) Understands that there are risks and hazards that could affect her if she has the planned surgical or medical procedures; (E) Has been given the opportunity to ask questions about her condition, alternative forms of treatment, risk of nontreatment, the procedures to be used, and the risks and hazards involved; (F) Has been given information required by statute; and (G) Has sufficient information to give informed consent; (7) A physician declaration, signed by the physician, stating that: (A) The physician or his or her assistant has, as required, explained the procedure and the contents of this form to the pregnant woman and her parent or legal guardian and has answered all questions; and (B) To the best of the physician's knowledge, the patient and her parent or legal guardian have been adequately informed and have consented to the procedure; (8) A parental consent statement that states that the signing parent or legal guardian: (A) Understands that the doctor signing the physician declaration form is going to perform an abortion on the pregnant woman, which will end her pregnancy and result in the death of her unborn child; (B) Has had the opportunity to read the physician declaration form or have it read to him or her and has initialed each page; (C) Had the opportunity to ask questions of the physician or the physician's assistant about the information in the physician declaration form and the surgical and medical procedures to be performed on the pregnant woman; (D) Believes that he or she has sufficient information to give informed consent; and (E) Affirms by the parent's or legal guardian's signature that he or she is the pregnant woman's father, mother, or legal guardian; (9) A page for the parent's or legal guardian's signature that shall be notarized by a notary public; and (10) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent prior to performing an abortion. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) Physicians shall use a form created by the Department of Health to obtain the consent required prior to performing an abortion on a pregnant woman.

(b) A form is not valid and consent is not sufficient unless: (1) A parent or legal guardian initials each page of the form, indicating that he or she has read and understands the information included on that page; (2) A parent or legal guardian signs the last page of the form in front of a person who is a notary public; (3) The pregnant woman initials each list of risks and hazards detailed in subdivision (c)(4) of this section; (4) The pregnant woman signs a consent statement described in subdivision (c)(6) of this section; and (5) The physician signs a physician declaration described in subdivision (c)(7) of this section.

(1) A parent or legal guardian initials each page of the form, indicating that he or she has read and understands the information included on that page;

(2) A parent or legal guardian signs the last page of the form in front of a person who is a notary public;

(3) The pregnant woman initials each list of risks and hazards detailed in subdivision (c)(4) of this section;

(4) The pregnant woman signs a consent statement described in subdivision (c)(6) of this section; and

(5) The physician signs a physician declaration described in subdivision (c)(7) of this section.

(c) The form shall include without limitation the following information: (1) A description of the pregnant woman's rights, including the right to informed consent as granted by the Woman's Right to Know Act of 2001, § 20-16-901 et seq. [repealed]; and the Woman's Right-to-Know Act, § 20-16-1701 et seq.; (2) A description of the parent or legal guardian's rights under state law; (3) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman; (4) A detailed list of the risks and hazards related to the surgical or medical procedures planned for the pregnant woman, including without limitation the following risks and hazards that may occur: (A) Infection; (B) Blood clots; (C) Hemorrhage; (D) Allergic reactions; (E) A hole in the uterus or other damage to the uterus; (F) Sterility; (G) Injury to the bowel or bladder; (H) Possible hysterectomy as a result of complication or injury during the procedure; (I) Failure to remove all products of conception; (J) Possible continuation of pregnancy; (K) Cramping of the uterus or pelvic pain; (L) Cervical laceration; (M) Incompetent cervix; (N) Emergency treatment for any complications; or (O) Death; (5) A description of additional information that shall be provided by the physician to the pregnant woman under state law; (6) A consent statement signed by the pregnant woman that includes without limitation the following information individually initialed by the pregnant woman that the pregnant woman: (A) Understands that the doctor is going to perform an abortion on her that will end her pregnancy and will result in the death of her unborn child; (B) Is not being forced to have an abortion and that she has the choice not to have the abortion and may withdraw consent prior to the abortion; (C) Gives permission for the procedure; (D) Understands that there are risks and hazards that could affect her if she has the planned surgical or medical procedures; (E) Has been given the opportunity to ask questions about her condition, alternative forms of treatment, risk of nontreatment, the procedures to be used, and the risks and hazards involved; (F) Has been given information required by statute; and (G) Has sufficient information to give informed consent; (7) A physician declaration, signed by the physician, stating that: (A) The physician or his or her assistant has, as required, explained the procedure and the contents of this form to the pregnant woman and her parent or legal guardian and has answered all questions; and (B) To the best of the physician's knowledge, the patient and her parent or legal guardian have been adequately informed and have consented to the procedure; (8) A parental consent statement that states that the signing parent or legal guardian: (A) Understands that the doctor signing the physician declaration form is going to perform an abortion on the pregnant woman, which will end her pregnancy and result in the death of her unborn child; (B) Has had the opportunity to read the physician declaration form or have it read to him or her and has initialed each page; (C) Had the opportunity to ask questions of the physician or the physician's assistant about the information in the physician declaration form and the surgical and medical procedures to be performed on the pregnant woman; (D) Believes that he or she has sufficient information to give informed consent; and (E) Affirms by the parent's or legal guardian's signature that he or she is the pregnant woman's father, mother, or legal guardian; (9) A page for the parent's or legal guardian's signature that shall be notarized by a notary public; and (10) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent prior to performing an abortion.

(1) A description of the pregnant woman's rights, including the right to informed consent as granted by the Woman's Right to Know Act of 2001, § 20-16-901 et seq. [repealed]; and the Woman's Right-to-Know Act, § 20-16-1701 et seq.;

(2) A description of the parent or legal guardian's rights under state law;

(3) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman;

(4) A detailed list of the risks and hazards related to the surgical or medical procedures planned for the pregnant woman, including without limitation the following risks and hazards that may occur: (A) Infection; (B) Blood clots; (C) Hemorrhage; (D) Allergic reactions; (E) A hole in the uterus or other damage to the uterus; (F) Sterility; (G) Injury to the bowel or bladder; (H) Possible hysterectomy as a result of complication or injury during the procedure; (I) Failure to remove all products of conception; (J) Possible continuation of pregnancy; (K) Cramping of the uterus or pelvic pain; (L) Cervical laceration; (M) Incompetent cervix; (N) Emergency treatment for any complications; or (O) Death;

(A) Infection;

(B) Blood clots;

(C) Hemorrhage;

(D) Allergic reactions;

(E) A hole in the uterus or other damage to the uterus;

(F) Sterility;

(G) Injury to the bowel or bladder;

(H) Possible hysterectomy as a result of complication or injury during the procedure;

(I) Failure to remove all products of conception;

(J) Possible continuation of pregnancy;

(K) Cramping of the uterus or pelvic pain;

(L) Cervical laceration;

(M) Incompetent cervix;

(N) Emergency treatment for any complications; or

(O) Death;

(5) A description of additional information that shall be provided by the physician to the pregnant woman under state law;

(6) A consent statement signed by the pregnant woman that includes without limitation the following information individually initialed by the pregnant woman that the pregnant woman: (A) Understands that the doctor is going to perform an abortion on her that will end her pregnancy and will result in the death of her unborn child; (B) Is not being forced to have an abortion and that she has the choice not to have the abortion and may withdraw consent prior to the abortion; (C) Gives permission for the procedure; (D) Understands that there are risks and hazards that could affect her if she has the planned surgical or medical procedures; (E) Has been given the opportunity to ask questions about her condition, alternative forms of treatment, risk of nontreatment, the procedures to be used, and the risks and hazards involved; (F) Has been given information required by statute; and (G) Has sufficient information to give informed consent;

(A) Understands that the doctor is going to perform an abortion on her that will end her pregnancy and will result in the death of her unborn child;

(B) Is not being forced to have an abortion and that she has the choice not to have the abortion and may withdraw consent prior to the abortion;

(C) Gives permission for the procedure;

(D) Understands that there are risks and hazards that could affect her if she has the planned surgical or medical procedures;

(E) Has been given the opportunity to ask questions about her condition, alternative forms of treatment, risk of nontreatment, the procedures to be used, and the risks and hazards involved;

(F) Has been given information required by statute; and

(G) Has sufficient information to give informed consent;

(7) A physician declaration, signed by the physician, stating that: (A) The physician or his or her assistant has, as required, explained the procedure and the contents of this form to the pregnant woman and her parent or legal guardian and has answered all questions; and (B) To the best of the physician's knowledge, the patient and her parent or legal guardian have been adequately informed and have consented to the procedure;

(A) The physician or his or her assistant has, as required, explained the procedure and the contents of this form to the pregnant woman and her parent or legal guardian and has answered all questions; and

(B) To the best of the physician's knowledge, the patient and her parent or legal guardian have been adequately informed and have consented to the procedure;

(8) A parental consent statement that states that the signing parent or legal guardian: (A) Understands that the doctor signing the physician declaration form is going to perform an abortion on the pregnant woman, which will end her pregnancy and result in the death of her unborn child; (B) Has had the opportunity to read the physician declaration form or have it read to him or her and has initialed each page; (C) Had the opportunity to ask questions of the physician or the physician's assistant about the information in the physician declaration form and the surgical and medical procedures to be performed on the pregnant woman; (D) Believes that he or she has sufficient information to give informed consent; and (E) Affirms by the parent's or legal guardian's signature that he or she is the pregnant woman's father, mother, or legal guardian;

(A) Understands that the doctor signing the physician declaration form is going to perform an abortion on the pregnant woman, which will end her pregnancy and result in the death of her unborn child;

(B) Has had the opportunity to read the physician declaration form or have it read to him or her and has initialed each page;

(C) Had the opportunity to ask questions of the physician or the physician's assistant about the information in the physician declaration form and the surgical and medical procedures to be performed on the pregnant woman;

(D) Believes that he or she has sufficient information to give informed consent; and

(E) Affirms by the parent's or legal guardian's signature that he or she is the pregnant woman's father, mother, or legal guardian;

(9) A page for the parent's or legal guardian's signature that shall be notarized by a notary public; and

(10) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent prior to performing an abortion.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-77-2406 — AR Code / Title 20 / Chapter 77 / Subchapter 24 / Section 20-77-2406
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019. Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013. Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.

Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.

Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 20-14-209 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-209
Administrative support
Status: in_force

(a) The appropriate division as determined by the Commissioner of Arkansas Rehabilitation Services, the Secretary of the Department of Commerce, or any other agency or division as the Governor shall designate shall provide administrative support to the Governor's Commission on People with Disabilities. (b) A representative of the secretary shall be appointed as director to effect the coordination between the division and the Chair of the Governor's Commission on People with Disabilities in the arrangement of the support. Amended by Act 2023, No. 182,§ 7, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 501, eff. 7/1/2019. Amended by Act 2017, No. 264,§ 3, eff. 8/1/2017. Acts 1985, No. 911, § 4; A.S.A. 1947, § 82-2911.

(a) The appropriate division as determined by the Commissioner of Arkansas Rehabilitation Services, the Secretary of the Department of Commerce, or any other agency or division as the Governor shall designate shall provide administrative support to the Governor's Commission on People with Disabilities.

(b) A representative of the secretary shall be appointed as director to effect the coordination between the division and the Chair of the Governor's Commission on People with Disabilities in the arrangement of the support.

Amended by Act 2023, No. 182,§ 7, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 501, eff. 7/1/2019.

Amended by Act 2017, No. 264,§ 3, eff. 8/1/2017.

Acts 1985, No. 911, § 4; A.S.A. 1947, § 82-2911.
Ark. Code Ann. § 20-17-1218 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1218
Immunity
Status: in_force

(a) A person that acts in accordance with this subchapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this subchapter, a person may rely upon representations of an individual listed in § 20-17-1209(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue. Acts 2007, No. 839, § 1.

(a) A person that acts in accordance with this subchapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under this subchapter, a person may rely upon representations of an individual listed in § 20-17-1209(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-59-404 — AR Code / Title 20 / Chapter 59 / Subchapter 4 / Section 20-59-404
Inspection fees
Status: in_force

(a) In order to make the Grade "A" Milk and Milk Products Inspection and Regulation Program self-supporting, the Accounting Division of the Department of Health shall collect on a monthly basis unless otherwise stated the following Grade "A" milk and milk products inspection fees: (1) Producers shall pay $.030 per one hundred pounds (100 lbs.) of Grade "A" milk inspected by the state; (2) Importers of raw Grade "A" milk produced and inspected in another state and imported into Arkansas as raw Grade "A" milk shall pay an inspection fee of ten dollars ($10.00) for each sample analyzed by the laboratory of the Department of Health; (3) Milk plants shall pay $.030 per one hundred pounds (100 lbs.) of Grade "A" milk processed or distributed; (4) Producer-distributors shall pay $.065 per one hundred pounds (100 lbs.) of Grade "A" milk produced or sold; (5) Milk haulers who sample and transport Grade "A" milk in the state shall pay an annual permit fee of ten dollars ($10.00). The fee shall be due January 1 of each year; (6) Distributors of Grade "A" milk processed by plants outside of Arkansas and sold in the state shall pay $.030 per one hundred pounds (100 lbs.) or a monthly minimum fee of two hundred dollars ($200) per month plus ten dollars ($10.00) for each sample analyzed by the laboratory of the department. The larger of the two sums shall be paid during the following month; and (7) Single service plants shall pay an annual permit fee of two hundred dollars ($200). This fee shall not be applied to plants paying a milk inspection fee. The fee shall be due January 1 of each year. (b) If any person fails, neglects, or refuses to pay the above fee and is delinquent for a period of thirty (30) days, the Secretary of the Department of Health is directed and empowered to prohibit the person from distributing, hauling, selling, or otherwise handling Grade "A" milk or milk products in the state and shall suspend his or her permit and withdraw all inspection service from the establishment until fees are paid in full. (c) (1) The Grade "A" milk and milk products inspection fees shall not be greater than the actual cost of the inspections. (2) If there is a balance in the Milk Inspection Fees Fund equivalent to ninety-day maintenance of the program, one (1) month of the milk inspection fees shall be forgiven. (d) The fees set forth in subsection (a) of this section may be increased by up to one half cent (1/2¢) beginning July 1, 1992, upon certification by the Chief Fiscal Officer of the State that the expenditures of the program exceed the amount of fees collected. Amended by Act 2019, No. 1091,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5070, eff. 7/1/2019. Acts 1981, No. 587, §§ 3, 4; A.S.A. 1947, §§ 82-4008, 82-4009; Acts 1987, No. 634, § 1; 1991, No. 191, § 1.

(a) In order to make the Grade "A" Milk and Milk Products Inspection and Regulation Program self-supporting, the Accounting Division of the Department of Health shall collect on a monthly basis unless otherwise stated the following Grade "A" milk and milk products inspection fees: (1) Producers shall pay $.030 per one hundred pounds (100 lbs.) of Grade "A" milk inspected by the state; (2) Importers of raw Grade "A" milk produced and inspected in another state and imported into Arkansas as raw Grade "A" milk shall pay an inspection fee of ten dollars ($10.00) for each sample analyzed by the laboratory of the Department of Health; (3) Milk plants shall pay $.030 per one hundred pounds (100 lbs.) of Grade "A" milk processed or distributed; (4) Producer-distributors shall pay $.065 per one hundred pounds (100 lbs.) of Grade "A" milk produced or sold; (5) Milk haulers who sample and transport Grade "A" milk in the state shall pay an annual permit fee of ten dollars ($10.00). The fee shall be due January 1 of each year; (6) Distributors of Grade "A" milk processed by plants outside of Arkansas and sold in the state shall pay $.030 per one hundred pounds (100 lbs.) or a monthly minimum fee of two hundred dollars ($200) per month plus ten dollars ($10.00) for each sample analyzed by the laboratory of the department. The larger of the two sums shall be paid during the following month; and (7) Single service plants shall pay an annual permit fee of two hundred dollars ($200). This fee shall not be applied to plants paying a milk inspection fee. The fee shall be due January 1 of each year.

(1) Producers shall pay $.030 per one hundred pounds (100 lbs.) of Grade "A" milk inspected by the state;

(2) Importers of raw Grade "A" milk produced and inspected in another state and imported into Arkansas as raw Grade "A" milk shall pay an inspection fee of ten dollars ($10.00) for each sample analyzed by the laboratory of the Department of Health;

(3) Milk plants shall pay $.030 per one hundred pounds (100 lbs.) of Grade "A" milk processed or distributed;

(4) Producer-distributors shall pay $.065 per one hundred pounds (100 lbs.) of Grade "A" milk produced or sold;

(5) Milk haulers who sample and transport Grade "A" milk in the state shall pay an annual permit fee of ten dollars ($10.00). The fee shall be due January 1 of each year;

(6) Distributors of Grade "A" milk processed by plants outside of Arkansas and sold in the state shall pay $.030 per one hundred pounds (100 lbs.) or a monthly minimum fee of two hundred dollars ($200) per month plus ten dollars ($10.00) for each sample analyzed by the laboratory of the department. The larger of the two sums shall be paid during the following month; and

(7) Single service plants shall pay an annual permit fee of two hundred dollars ($200). This fee shall not be applied to plants paying a milk inspection fee. The fee shall be due January 1 of each year.

(b) If any person fails, neglects, or refuses to pay the above fee and is delinquent for a period of thirty (30) days, the Secretary of the Department of Health is directed and empowered to prohibit the person from distributing, hauling, selling, or otherwise handling Grade "A" milk or milk products in the state and shall suspend his or her permit and withdraw all inspection service from the establishment until fees are paid in full.

(c) (1) The Grade "A" milk and milk products inspection fees shall not be greater than the actual cost of the inspections. (2) If there is a balance in the Milk Inspection Fees Fund equivalent to ninety-day maintenance of the program, one (1) month of the milk inspection fees shall be forgiven.

(1) The Grade "A" milk and milk products inspection fees shall not be greater than the actual cost of the inspections.

(2) If there is a balance in the Milk Inspection Fees Fund equivalent to ninety-day maintenance of the program, one (1) month of the milk inspection fees shall be forgiven.

(d) The fees set forth in subsection (a) of this section may be increased by up to one half cent (1/2¢) beginning July 1, 1992, upon certification by the Chief Fiscal Officer of the State that the expenditures of the program exceed the amount of fees collected.

Amended by Act 2019, No. 1091,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5070, eff. 7/1/2019.

Acts 1981, No. 587, §§ 3, 4; A.S.A. 1947, §§ 82-4008, 82-4009; Acts 1987, No. 634, § 1; 1991, No. 191, § 1.
Ark. Code Ann. § 20-27-1904 — AR Code / Title 20 / Chapter 27 / Subchapter 19 / Section 20-27-1904
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1264,§ 11, eff. 7/22/2015. Acts 2006 (1st Ex. Sess.), No. 13, § 4.

Repealed by Act 2015, No. 1264,§ 11, eff. 7/22/2015.

Acts 2006 (1st Ex. Sess.), No. 13, § 4.
Ark. Code Ann. § 20-46-308 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-308
Minimum standards - Periodic audits
Status: in_force

(a) (1) Each community mental health center shall undergo a periodic audit as may be required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) Each audit shall reflect the compliance or noncompliance with the provisions of §§ 20-46-304 - 20-46-307 . (b) Each audit shall be furnished to the division and shall be subject to review by the Legislative Joint Auditing Committee and its staff. (c) Nothing in §§ 20-46-304 - 20-46-307 shall repeal any authority which now exists for the Legislative Joint Auditing Committee and its staff to audit all or any part of the records of any community mental health center. Amended by Act 2017, No. 913,§ 66, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 11, eff. 8/16/2013. Acts 1985, No. 786, § 5; A.S.A. 1946, § 59-321.

(a) (1) Each community mental health center shall undergo a periodic audit as may be required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) Each audit shall reflect the compliance or noncompliance with the provisions of §§ 20-46-304 - 20-46-307 .

(1) Each community mental health center shall undergo a periodic audit as may be required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(2) Each audit shall reflect the compliance or noncompliance with the provisions of §§ 20-46-304 - 20-46-307 .

(b) Each audit shall be furnished to the division and shall be subject to review by the Legislative Joint Auditing Committee and its staff.

(c) Nothing in §§ 20-46-304 - 20-46-307 shall repeal any authority which now exists for the Legislative Joint Auditing Committee and its staff to audit all or any part of the records of any community mental health center.

Amended by Act 2017, No. 913,§ 66, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 11, eff. 8/16/2013.

Acts 1985, No. 786, § 5; A.S.A. 1946, § 59-321.
Ark. Code Ann. § 20-17-1023 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1023
Annual report of condition of cemetery company
Status: in_force

(a) (1) Within seventy-five (75) days after the end of the calendar year, a cemetery company shall file with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a report under oath of its condition. (2) The report shall include without limitation: (A) The name and contact information of: (i) The cemetery company; (ii) The person in charge of the records of the cemetery company; and (iii) Each person with authority to sign conveyance documents; (B) The amount of sales and date of final payment of cemetery lots, graves, spaces, mausoleums, columbaria, crypts, lawn crypts, or niches for which payment has been made in full and instruments of conveyance have been issued during the preceding calendar year; (C) The amounts paid into the permanent maintenance fund; (D) The income received from the fund during the preceding calendar year; (E) The total amount owed to the fund; (F) The amounts owed to the fund at the date of the report; (G) The amount expended for care and maintenance of the cemetery; (H) The names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company and stating any change of control that has occurred during the past calendar year, the date of incorporation, and the resident agent and resident agent's office if the cemetery company is a corporation; and (I) Any other information the board requires. (b) The report shall be accompanied by: (1) A filing fee of three hundred twenty-five dollars ($325); and (2) (A) A fee of seven dollars ($7.00) for each burial sale contract entered into during the preceding calendar year by the cemetery company regardless of the number of spaces sold under the contract regarding lots, grave spaces, mausoleums, columbaria, crypts, lawn crypts, and niches. (B) The burial sale contract fee under subdivision (b)(2)(A) of this section is not required for a burial sale contract of an interment in an infant interment garden that complies with § 20-17-1030 . (c) (1) If the cemetery company does not timely file its annual report, the board may require the cemetery company to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board. (2) If the cemetery company refuses to pay the contribution or fees, the board shall institute suit to recover the penalty and fee and costs and such other relief as the state in its judgment deems proper. (3) If the cemetery company shall fail to meet the requirements of this section, then the board shall apply to the Pulaski County Circuit Court for the proper order to require a report. (d) The beginning and ending dates of the report shall coincide with the dates of the report of the trustee required in § 20-17-1015 . (e) Upon receipt of a properly completed annual report from the trustee and the cemetery company, the board shall issue to the cemetery company an annual operating permit which shall be prominently displayed at the main entrance to the cemetery. Amended by Act 2017, No. 788,§ 55, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 7, eff. 8/16/2013. Acts 1977, No. 352, § 19; A.S.A. 1947, § 82-426.19; Acts 2005, No. 2169, § 4; 2011, No. 590, §§ 11, 12.

(a) (1) Within seventy-five (75) days after the end of the calendar year, a cemetery company shall file with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a report under oath of its condition. (2) The report shall include without limitation: (A) The name and contact information of: (i) The cemetery company; (ii) The person in charge of the records of the cemetery company; and (iii) Each person with authority to sign conveyance documents; (B) The amount of sales and date of final payment of cemetery lots, graves, spaces, mausoleums, columbaria, crypts, lawn crypts, or niches for which payment has been made in full and instruments of conveyance have been issued during the preceding calendar year; (C) The amounts paid into the permanent maintenance fund; (D) The income received from the fund during the preceding calendar year; (E) The total amount owed to the fund; (F) The amounts owed to the fund at the date of the report; (G) The amount expended for care and maintenance of the cemetery; (H) The names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company and stating any change of control that has occurred during the past calendar year, the date of incorporation, and the resident agent and resident agent's office if the cemetery company is a corporation; and (I) Any other information the board requires.

(1) Within seventy-five (75) days after the end of the calendar year, a cemetery company shall file with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a report under oath of its condition.

(2) The report shall include without limitation: (A) The name and contact information of: (i) The cemetery company; (ii) The person in charge of the records of the cemetery company; and (iii) Each person with authority to sign conveyance documents; (B) The amount of sales and date of final payment of cemetery lots, graves, spaces, mausoleums, columbaria, crypts, lawn crypts, or niches for which payment has been made in full and instruments of conveyance have been issued during the preceding calendar year; (C) The amounts paid into the permanent maintenance fund; (D) The income received from the fund during the preceding calendar year; (E) The total amount owed to the fund; (F) The amounts owed to the fund at the date of the report; (G) The amount expended for care and maintenance of the cemetery; (H) The names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company and stating any change of control that has occurred during the past calendar year, the date of incorporation, and the resident agent and resident agent's office if the cemetery company is a corporation; and (I) Any other information the board requires.

(A) The name and contact information of: (i) The cemetery company; (ii) The person in charge of the records of the cemetery company; and (iii) Each person with authority to sign conveyance documents;

(i) The cemetery company;

(ii) The person in charge of the records of the cemetery company; and

(iii) Each person with authority to sign conveyance documents;

(B) The amount of sales and date of final payment of cemetery lots, graves, spaces, mausoleums, columbaria, crypts, lawn crypts, or niches for which payment has been made in full and instruments of conveyance have been issued during the preceding calendar year;

(C) The amounts paid into the permanent maintenance fund;

(D) The income received from the fund during the preceding calendar year;

(E) The total amount owed to the fund;

(F) The amounts owed to the fund at the date of the report;

(G) The amount expended for care and maintenance of the cemetery;

(H) The names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company and stating any change of control that has occurred during the past calendar year, the date of incorporation, and the resident agent and resident agent's office if the cemetery company is a corporation; and

(I) Any other information the board requires.

(b) The report shall be accompanied by: (1) A filing fee of three hundred twenty-five dollars ($325); and (2) (A) A fee of seven dollars ($7.00) for each burial sale contract entered into during the preceding calendar year by the cemetery company regardless of the number of spaces sold under the contract regarding lots, grave spaces, mausoleums, columbaria, crypts, lawn crypts, and niches. (B) The burial sale contract fee under subdivision (b)(2)(A) of this section is not required for a burial sale contract of an interment in an infant interment garden that complies with § 20-17-1030 .

(1) A filing fee of three hundred twenty-five dollars ($325); and

(2) (A) A fee of seven dollars ($7.00) for each burial sale contract entered into during the preceding calendar year by the cemetery company regardless of the number of spaces sold under the contract regarding lots, grave spaces, mausoleums, columbaria, crypts, lawn crypts, and niches. (B) The burial sale contract fee under subdivision (b)(2)(A) of this section is not required for a burial sale contract of an interment in an infant interment garden that complies with § 20-17-1030 .

(A) A fee of seven dollars ($7.00) for each burial sale contract entered into during the preceding calendar year by the cemetery company regardless of the number of spaces sold under the contract regarding lots, grave spaces, mausoleums, columbaria, crypts, lawn crypts, and niches.

(B) The burial sale contract fee under subdivision (b)(2)(A) of this section is not required for a burial sale contract of an interment in an infant interment garden that complies with § 20-17-1030 .

(c) (1) If the cemetery company does not timely file its annual report, the board may require the cemetery company to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board. (2) If the cemetery company refuses to pay the contribution or fees, the board shall institute suit to recover the penalty and fee and costs and such other relief as the state in its judgment deems proper. (3) If the cemetery company shall fail to meet the requirements of this section, then the board shall apply to the Pulaski County Circuit Court for the proper order to require a report.

(1) If the cemetery company does not timely file its annual report, the board may require the cemetery company to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board.

(2) If the cemetery company refuses to pay the contribution or fees, the board shall institute suit to recover the penalty and fee and costs and such other relief as the state in its judgment deems proper.

(3) If the cemetery company shall fail to meet the requirements of this section, then the board shall apply to the Pulaski County Circuit Court for the proper order to require a report.

(d) The beginning and ending dates of the report shall coincide with the dates of the report of the trustee required in § 20-17-1015 .

(e) Upon receipt of a properly completed annual report from the trustee and the cemetery company, the board shall issue to the cemetery company an annual operating permit which shall be prominently displayed at the main entrance to the cemetery.

Amended by Act 2017, No. 788,§ 55, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 7, eff. 8/16/2013.

Acts 1977, No. 352, § 19; A.S.A. 1947, § 82-426.19; Acts 2005, No. 2169, § 4; 2011, No. 590, §§ 11, 12.
Ark. Code Ann. § 20-25-101 — AR Code / Title 20 / Chapter 25 / Section 20-25-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Manufactured Homes Standards Act". Acts 1977, No. 419, § 1; 1981, No. 533, § 1; A.S.A. 1947, § 82-3015.

This chapter shall be known and may be cited as the "Arkansas Manufactured Homes Standards Act".

Acts 1977, No. 419, § 1; 1981, No. 533, § 1; A.S.A. 1947, § 82-3015.
Ark. Code Ann. § 20-27-605 — AR Code / Title 20 / Chapter 27 / Subchapter 6 / Section 20-27-605
Lead Poisoning Prevention and Control Agency - Director
Status: in_force

(a) The Department of Health is designated as the Lead Poisoning Prevention and Control Agency. (b) The Secretary of the Department of Health shall perform the functions vested in the department pursuant to this subchapter. (c) In discharging its function in lead poisoning prevention and control, the department may: (1) Develop a screening program to identify children under six (6) years of age with lead poisoning or potential lead poisoning; (2) Report immediately all actual or suspected cases of lead poisoning found in the screening program to the parent or legal guardian; (3) Follow up the positive screening results by referring children with extremely high blood lead levels for clinical evaluations or treatment and retest children with minimal elevated levels within three (3) months; (4) Investigate the lead hazard in the places of residence and frequent occupancy of children with elevated blood lead readings; (5) Notify the owner and occupant in writing of the lead hazard and, if necessary and after a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., require discontinuance within thirty (30) days of a paint condition conducive to lead poisoning in any designated dwelling; (6) Prescribe in written notice to the owner and the occupant the method of discontinuance of the lead paint condition conducive to lead poisoning; (7) Advise, consult, and cooperate with other agencies of the state, the United States Government, municipal agencies, other state and interstate agencies, political subdivisions, and other private or public groups concerned with the prevention and control of lead poisoning; (8) Collect and disseminate information relating to the prevention and control of lead poisoning; (9) Formulate, adopt, promulgate, amend, and repeal rules for the prevention and control of lead poisoning; and (10) Issue such orders or modifications thereof as may be necessary in connection with proceedings under this subchapter. Amended by Act 2019, No. 315,§ 2093, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5030, eff. 7/1/2019. Acts 1979, No. 896, § 3; A.S.A. 1947, § 82-739.

(a) The Department of Health is designated as the Lead Poisoning Prevention and Control Agency.

(b) The Secretary of the Department of Health shall perform the functions vested in the department pursuant to this subchapter.

(c) In discharging its function in lead poisoning prevention and control, the department may: (1) Develop a screening program to identify children under six (6) years of age with lead poisoning or potential lead poisoning; (2) Report immediately all actual or suspected cases of lead poisoning found in the screening program to the parent or legal guardian; (3) Follow up the positive screening results by referring children with extremely high blood lead levels for clinical evaluations or treatment and retest children with minimal elevated levels within three (3) months; (4) Investigate the lead hazard in the places of residence and frequent occupancy of children with elevated blood lead readings; (5) Notify the owner and occupant in writing of the lead hazard and, if necessary and after a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., require discontinuance within thirty (30) days of a paint condition conducive to lead poisoning in any designated dwelling; (6) Prescribe in written notice to the owner and the occupant the method of discontinuance of the lead paint condition conducive to lead poisoning; (7) Advise, consult, and cooperate with other agencies of the state, the United States Government, municipal agencies, other state and interstate agencies, political subdivisions, and other private or public groups concerned with the prevention and control of lead poisoning; (8) Collect and disseminate information relating to the prevention and control of lead poisoning; (9) Formulate, adopt, promulgate, amend, and repeal rules for the prevention and control of lead poisoning; and (10) Issue such orders or modifications thereof as may be necessary in connection with proceedings under this subchapter.

(1) Develop a screening program to identify children under six (6) years of age with lead poisoning or potential lead poisoning;

(2) Report immediately all actual or suspected cases of lead poisoning found in the screening program to the parent or legal guardian;

(3) Follow up the positive screening results by referring children with extremely high blood lead levels for clinical evaluations or treatment and retest children with minimal elevated levels within three (3) months;

(4) Investigate the lead hazard in the places of residence and frequent occupancy of children with elevated blood lead readings;

(5) Notify the owner and occupant in writing of the lead hazard and, if necessary and after a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., require discontinuance within thirty (30) days of a paint condition conducive to lead poisoning in any designated dwelling;

(6) Prescribe in written notice to the owner and the occupant the method of discontinuance of the lead paint condition conducive to lead poisoning;

(7) Advise, consult, and cooperate with other agencies of the state, the United States Government, municipal agencies, other state and interstate agencies, political subdivisions, and other private or public groups concerned with the prevention and control of lead poisoning;

(8) Collect and disseminate information relating to the prevention and control of lead poisoning;

(9) Formulate, adopt, promulgate, amend, and repeal rules for the prevention and control of lead poisoning; and

(10) Issue such orders or modifications thereof as may be necessary in connection with proceedings under this subchapter.

Amended by Act 2019, No. 315,§ 2093, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5030, eff. 7/1/2019.

Acts 1979, No. 896, § 3; A.S.A. 1947, § 82-739.
Ark. Code Ann. § 20-16-1509 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1509
Right of intervention
Status: in_force

The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-57-401 — AR Code / Title 20 / Chapter 57 / Subchapter 4 / Section 20-57-401
Kosher foods
Status: in_force

A person is guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not less than thirty (30) days or not more than six (6) months, in the discretion of the court, who: (1) Shall sell or expose for sale in any restaurant, delicatessen, hotel, or other place where food products are sold, any article of food falsely represented as kosher either by direct statements orally or in writing, or by the display of the word "kosher" in English or Hebrew letters, by the display of any sign or mark in simulation of the word, or by the display of any insignia, six-pointed star, or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that the food exposed for sale, or sold, is kosher or is prepared in accordance with the Orthodox Hebrew religious requirements; (2) With intent to defraud, sells or exposes for sale any meat or meat preparations and falsely represents the product to be kosher, whether the meat preparations are raw or prepared for human consumption, or as having been prepared under, and of products sanctioned by, the Orthodox Hebrew religious requirements, or who falsely represents any food product or the contents of any package or contained in a container to be so constituted and prepared by having or permitting to be inscribed upon it the word "kosher" in any language; or (3) Sells or exposes for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, and who fails to indicate on his or her window signs and all display advertisements, in black letters at least four inches (4") in height: "KOSHER AND NONKOSHER MEAT SOLD HERE", or who exposes for sale in any show window or place of business both kosher and nonkosher meat or meat preparations either raw or prepared for human consumption, and who fails to display over each kind of meat or meat preparations so exposed a sign in black letters at least four inches (4") in height, reading: "KOSHER" and "NONKOSHER" as the case may be. Acts 1949, No. 253, § 1; A.S.A. 1947, § 82-957.

A person is guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not less than thirty (30) days or not more than six (6) months, in the discretion of the court, who:

(1) Shall sell or expose for sale in any restaurant, delicatessen, hotel, or other place where food products are sold, any article of food falsely represented as kosher either by direct statements orally or in writing, or by the display of the word "kosher" in English or Hebrew letters, by the display of any sign or mark in simulation of the word, or by the display of any insignia, six-pointed star, or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that the food exposed for sale, or sold, is kosher or is prepared in accordance with the Orthodox Hebrew religious requirements;

(2) With intent to defraud, sells or exposes for sale any meat or meat preparations and falsely represents the product to be kosher, whether the meat preparations are raw or prepared for human consumption, or as having been prepared under, and of products sanctioned by, the Orthodox Hebrew religious requirements, or who falsely represents any food product or the contents of any package or contained in a container to be so constituted and prepared by having or permitting to be inscribed upon it the word "kosher" in any language; or

(3) Sells or exposes for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, and who fails to indicate on his or her window signs and all display advertisements, in black letters at least four inches (4") in height: "KOSHER AND NONKOSHER MEAT SOLD HERE", or who exposes for sale in any show window or place of business both kosher and nonkosher meat or meat preparations either raw or prepared for human consumption, and who fails to display over each kind of meat or meat preparations so exposed a sign in black letters at least four inches (4") in height, reading: "KOSHER" and "NONKOSHER" as the case may be.

Acts 1949, No. 253, § 1; A.S.A. 1947, § 82-957.
Ark. Code Ann. § 20-27-607 — AR Code / Title 20 / Chapter 27 / Subchapter 6 / Section 20-27-607
Notification of hazard - Abatement
Status: in_force

(a) After completion of an inspection or investigation, the Secretary of the Department of Health or his or her designee shall notify the owner and tenant of his or her findings and, in the event any lead hazard was found, the notification shall contain instructions pertaining to abatement as prescribed by this subchapter and rules promulgated pursuant to this subchapter. (b) If the lead hazard has not been properly abated within thirty (30) days after receipt of notification, the owner shall be in violation of this subchapter. Amended by Act 2019, No. 315,§ 2094, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5032, eff. 7/1/2019. Acts 1979, No. 896, § 5; A.S.A. 1947, § 82-741.

(a) After completion of an inspection or investigation, the Secretary of the Department of Health or his or her designee shall notify the owner and tenant of his or her findings and, in the event any lead hazard was found, the notification shall contain instructions pertaining to abatement as prescribed by this subchapter and rules promulgated pursuant to this subchapter.

(b) If the lead hazard has not been properly abated within thirty (30) days after receipt of notification, the owner shall be in violation of this subchapter.

Amended by Act 2019, No. 315,§ 2094, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5032, eff. 7/1/2019.

Acts 1979, No. 896, § 5; A.S.A. 1947, § 82-741.
Ark. Code Ann. § 20-13-101 — AR Code / Title 20 / Chapter 13 / Subchapter 1 / Section 20-13-101
Emergency Medical Services Revolving Fund Act
Status: in_force

(a) This section shall be known as the "Emergency Medical Services Revolving Fund Act". (b) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be designated the "Emergency Medical Services Revolving Fund". (c) (1) It shall be the responsibility of the Division of Emergency Medical Services to promulgate all rules for making application for the matching funds. (2) It shall be the further responsibility of the Department of Health to review all applications and approve those that shall be eligible for moneys under the provisions of this section and as may otherwise be provided by law. (d) (1) Funds requested by authority of this section shall be matched on a cash basis of fifty to fifty (50:50) by the applicant. (2) The state portion shall at no time exceed ten thousand dollars ($10,000) per county, local, commercial, or nonprofit operation, except that this limitation shall not apply when any county levies a motor vehicle tax to finance ambulance services as authorized by § 26-78-101 et seq. (e) All moneys deposited into this fund pursuant to § 20-13-211 shall be used by the department for the following purposes: (1) Certification processing for emergency medical technicians; (2) Travel expenses related to the onsite administration of practical and written examinations of emergency medical technicians; (3) Maintenance of the emergency medical technician certification software program; (4) Educational programs for emergency medical technicians; (5) Continuing maintenance of the required EMT-Instructor certification for agency personnel; and (6) Other purposes consistent with this section. Amended by Act 2019, No. 315,§ 1916, eff. 7/24/2019. Acts 1979, No. 1090, §§ 1-3, 6; A.S.A. 1947, §§ 82-3417 -- 82-3420; Acts 2005, No. 648, § 2.

(a) This section shall be known as the "Emergency Medical Services Revolving Fund Act".

(b) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be designated the "Emergency Medical Services Revolving Fund".

(c) (1) It shall be the responsibility of the Division of Emergency Medical Services to promulgate all rules for making application for the matching funds. (2) It shall be the further responsibility of the Department of Health to review all applications and approve those that shall be eligible for moneys under the provisions of this section and as may otherwise be provided by law.

(1) It shall be the responsibility of the Division of Emergency Medical Services to promulgate all rules for making application for the matching funds.

(2) It shall be the further responsibility of the Department of Health to review all applications and approve those that shall be eligible for moneys under the provisions of this section and as may otherwise be provided by law.

(d) (1) Funds requested by authority of this section shall be matched on a cash basis of fifty to fifty (50:50) by the applicant. (2) The state portion shall at no time exceed ten thousand dollars ($10,000) per county, local, commercial, or nonprofit operation, except that this limitation shall not apply when any county levies a motor vehicle tax to finance ambulance services as authorized by § 26-78-101 et seq.

(1) Funds requested by authority of this section shall be matched on a cash basis of fifty to fifty (50:50) by the applicant.

(2) The state portion shall at no time exceed ten thousand dollars ($10,000) per county, local, commercial, or nonprofit operation, except that this limitation shall not apply when any county levies a motor vehicle tax to finance ambulance services as authorized by § 26-78-101 et seq.

(e) All moneys deposited into this fund pursuant to § 20-13-211 shall be used by the department for the following purposes: (1) Certification processing for emergency medical technicians; (2) Travel expenses related to the onsite administration of practical and written examinations of emergency medical technicians; (3) Maintenance of the emergency medical technician certification software program; (4) Educational programs for emergency medical technicians; (5) Continuing maintenance of the required EMT-Instructor certification for agency personnel; and (6) Other purposes consistent with this section.

(1) Certification processing for emergency medical technicians;

(2) Travel expenses related to the onsite administration of practical and written examinations of emergency medical technicians;

(3) Maintenance of the emergency medical technician certification software program;

(4) Educational programs for emergency medical technicians;

(5) Continuing maintenance of the required EMT-Instructor certification for agency personnel; and

(6) Other purposes consistent with this section.

Amended by Act 2019, No. 315,§ 1916, eff. 7/24/2019.

Acts 1979, No. 1090, §§ 1-3, 6; A.S.A. 1947, §§ 82-3417 -- 82-3420; Acts 2005, No. 648, § 2.
Ark. Code Ann. § 20-10-601 — AR Code / Title 20 / Chapter 10 / Subchapter 6 / Section 20-10-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Long-Term Care Ombudsman Act". Acts 1987, No. 252, § 1.

This subchapter shall be known and may be cited as the "Long-Term Care Ombudsman Act".

Acts 1987, No. 252, § 1.
Ark. Code Ann. § 20-13-1401 — AR Code / Title 20 / Chapter 13 / Subchapter 14 / Section 20-13-1401
Findings - Purpose
Status: in_force

(a) The General Assembly finds that: (1) One (1) of every six (6) women in the United States will be the victim of a sexual assault; (2) Forty-four percent (44%) of the victims of a sexual assault are under eighteen (18) years of age, and eighty percent (80%) of the victims of a sexual assault are under thirty (30) years of age; (3) It is estimated that sixty percent (60%) of all sexual assaults are not reported; (4) A woman who is the survivor of a sexual assault may face the additional trauma of an unwanted pregnancy or the fear that pregnancy may result; (5) Each year, between twenty-five thousand (25,000) and thirty-two thousand (32,000) women in the United States become pregnant as a result of sexual assaults, and approximately twenty-two thousand (22,000) of these pregnancies could be prevented if these women used emergency contraception; (6) Standards of emergency care established by the American College of Emergency Medicine and the American Medical Association require that sexual assault survivors be counseled about their risk of pregnancy and offered emergency contraception; (7) The National Protocol for Sexual Assault Medical Forensic Examinations issued by the United States Office on Violence Against Women recognizes pregnancy as an often overwhelming and genuine fear among sexual assault survivors and recommends that healthcare providers discuss treatment options with patients, including reproductive health services; (8) The United States Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to the medication for women over eighteen (18) years of age; (9) Emergency contraception is designed to prevent pregnancy if taken within one hundred twenty (120) hours after unprotected sexual intercourse, but it is most effective if taken within twenty-four (24) hours after unprotected sexual intercourse; (10) There are inconsistent policies and practices among Arkansas hospitals for dispensing emergency contraception and providing education to sexual assault survivors; and (11) Because emergency contraception is time-sensitive and a sexual assault survivor may have delayed seeking hospital treatment, it is critical that she be informed of this option at the time of her treatment. (b) The purpose of this subchapter is to: (1) Promote awareness of the availability of emergency contraception for sexual assault survivors as a compassionate response to their traumas; and (2) Reduce the number of unintended pregnancies and induced abortions that result from sexual assault. Acts 2007, No. 1576, § 1.

(a) The General Assembly finds that: (1) One (1) of every six (6) women in the United States will be the victim of a sexual assault; (2) Forty-four percent (44%) of the victims of a sexual assault are under eighteen (18) years of age, and eighty percent (80%) of the victims of a sexual assault are under thirty (30) years of age; (3) It is estimated that sixty percent (60%) of all sexual assaults are not reported; (4) A woman who is the survivor of a sexual assault may face the additional trauma of an unwanted pregnancy or the fear that pregnancy may result; (5) Each year, between twenty-five thousand (25,000) and thirty-two thousand (32,000) women in the United States become pregnant as a result of sexual assaults, and approximately twenty-two thousand (22,000) of these pregnancies could be prevented if these women used emergency contraception; (6) Standards of emergency care established by the American College of Emergency Medicine and the American Medical Association require that sexual assault survivors be counseled about their risk of pregnancy and offered emergency contraception; (7) The National Protocol for Sexual Assault Medical Forensic Examinations issued by the United States Office on Violence Against Women recognizes pregnancy as an often overwhelming and genuine fear among sexual assault survivors and recommends that healthcare providers discuss treatment options with patients, including reproductive health services; (8) The United States Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to the medication for women over eighteen (18) years of age; (9) Emergency contraception is designed to prevent pregnancy if taken within one hundred twenty (120) hours after unprotected sexual intercourse, but it is most effective if taken within twenty-four (24) hours after unprotected sexual intercourse; (10) There are inconsistent policies and practices among Arkansas hospitals for dispensing emergency contraception and providing education to sexual assault survivors; and (11) Because emergency contraception is time-sensitive and a sexual assault survivor may have delayed seeking hospital treatment, it is critical that she be informed of this option at the time of her treatment.

(1) One (1) of every six (6) women in the United States will be the victim of a sexual assault;

(2) Forty-four percent (44%) of the victims of a sexual assault are under eighteen (18) years of age, and eighty percent (80%) of the victims of a sexual assault are under thirty (30) years of age;

(3) It is estimated that sixty percent (60%) of all sexual assaults are not reported;

(4) A woman who is the survivor of a sexual assault may face the additional trauma of an unwanted pregnancy or the fear that pregnancy may result;

(5) Each year, between twenty-five thousand (25,000) and thirty-two thousand (32,000) women in the United States become pregnant as a result of sexual assaults, and approximately twenty-two thousand (22,000) of these pregnancies could be prevented if these women used emergency contraception;

(6) Standards of emergency care established by the American College of Emergency Medicine and the American Medical Association require that sexual assault survivors be counseled about their risk of pregnancy and offered emergency contraception;

(7) The National Protocol for Sexual Assault Medical Forensic Examinations issued by the United States Office on Violence Against Women recognizes pregnancy as an often overwhelming and genuine fear among sexual assault survivors and recommends that healthcare providers discuss treatment options with patients, including reproductive health services;

(8) The United States Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to the medication for women over eighteen (18) years of age;

(9) Emergency contraception is designed to prevent pregnancy if taken within one hundred twenty (120) hours after unprotected sexual intercourse, but it is most effective if taken within twenty-four (24) hours after unprotected sexual intercourse;

(10) There are inconsistent policies and practices among Arkansas hospitals for dispensing emergency contraception and providing education to sexual assault survivors; and

(11) Because emergency contraception is time-sensitive and a sexual assault survivor may have delayed seeking hospital treatment, it is critical that she be informed of this option at the time of her treatment.

(b) The purpose of this subchapter is to: (1) Promote awareness of the availability of emergency contraception for sexual assault survivors as a compassionate response to their traumas; and (2) Reduce the number of unintended pregnancies and induced abortions that result from sexual assault.

(1) Promote awareness of the availability of emergency contraception for sexual assault survivors as a compassionate response to their traumas; and

(2) Reduce the number of unintended pregnancies and induced abortions that result from sexual assault.

Acts 2007, No. 1576, § 1.
Ark. Code Ann. § 20-13-213 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-213
Ambulance standards
Status: in_force

All ambulances operating in this state shall meet all standards prescribed by and under this subchapter and be licensed under this subchapter, and all personnel operating ambulances in this state shall meet the standards prescribed under this subchapter. Acts 1999, No. 60, § 2.

All ambulances operating in this state shall meet all standards prescribed by and under this subchapter and be licensed under this subchapter, and all personnel operating ambulances in this state shall meet the standards prescribed under this subchapter.

Acts 1999, No. 60, § 2.
Ark. Code Ann. § 20-9-1313 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1313
Remedy
Status: in_force

(a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in: (1) The circuit court of the county in which the professional review activity occurred; or (2) The circuit court of an adjoining county. (b) (1) After receiving a petition, the court shall review the record of the professional review activities and professional review action. (2) The record shall consist of: (A) The transcripts and minutes of any meetings or hearings; (B) Correspondence; (C) Internal and external reviews; and (D) All other relevant information pertaining to the matter before the professional review body. (3) The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record. (4) The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record. (5) The court may hear, upon request, oral arguments and receive written briefs. (6) Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection. (c) Except as provided in subsection (e) of this section, the court may order any relief within the purview of the circuit court to remedy the violation of this subchapter. (d) (1) If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court. (2) A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11113 , as existing on January 1, 2017. (e) Except as expressly permitted by state law or federal law, a professional review body or its members, agents, or employees are not liable for civil damages as a result of making a decision or recommendation in good faith in connection with a professional review activity or professional review action or furnishing any records, information, or assistance in good faith to a professional review body in connection with a professional review activity. (f) (1) The remedies provided for in this section do not supplant any other remedy available under law to a physician. (2) If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading. Added by Act 2017, No. 975,§ 7, eff. 4/7/2017.

(a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in: (1) The circuit court of the county in which the professional review activity occurred; or (2) The circuit court of an adjoining county.

(1) The circuit court of the county in which the professional review activity occurred; or

(2) The circuit court of an adjoining county.

(b) (1) After receiving a petition, the court shall review the record of the professional review activities and professional review action. (2) The record shall consist of: (A) The transcripts and minutes of any meetings or hearings; (B) Correspondence; (C) Internal and external reviews; and (D) All other relevant information pertaining to the matter before the professional review body. (3) The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record. (4) The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record. (5) The court may hear, upon request, oral arguments and receive written briefs. (6) Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection.

(1) After receiving a petition, the court shall review the record of the professional review activities and professional review action.

(2) The record shall consist of: (A) The transcripts and minutes of any meetings or hearings; (B) Correspondence; (C) Internal and external reviews; and (D) All other relevant information pertaining to the matter before the professional review body.

(A) The transcripts and minutes of any meetings or hearings;

(B) Correspondence;

(C) Internal and external reviews; and

(D) All other relevant information pertaining to the matter before the professional review body.

(3) The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record.

(4) The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record.

(5) The court may hear, upon request, oral arguments and receive written briefs.

(6) Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection.

(c) Except as provided in subsection (e) of this section, the court may order any relief within the purview of the circuit court to remedy the violation of this subchapter.

(d) (1) If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court. (2) A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11113 , as existing on January 1, 2017.

(1) If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court.

(2) A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11113 , as existing on January 1, 2017.

(e) Except as expressly permitted by state law or federal law, a professional review body or its members, agents, or employees are not liable for civil damages as a result of making a decision or recommendation in good faith in connection with a professional review activity or professional review action or furnishing any records, information, or assistance in good faith to a professional review body in connection with a professional review activity.

(f) (1) The remedies provided for in this section do not supplant any other remedy available under law to a physician. (2) If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading.

(1) The remedies provided for in this section do not supplant any other remedy available under law to a physician.

(2) If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading.

Added by Act 2017, No. 975,§ 7, eff. 4/7/2017.
Ark. Code Ann. § 20-77-2206 — AR Code / Title 20 / Chapter 77 / Subchapter 22 / Section 20-77-2206
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 69, eff. 7/1/2023. Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023. Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.

Repealed by Act 2023, No. 365,§ 69, eff. 7/1/2023.

Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.

Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-15-1904 — AR Code / Title 20 / Chapter 15 / Subchapter 19 / Section 20-15-1904
Initiative for prevention of colorectal cancer
Status: in_force

(a) There is created the Arkansas Colorectal Cancer Screening Initiative in the Department of Health, if funds are available. (b) The Winthrop P. Rockefeller Cancer Institute at the University of Arkansas for Medical Sciences may collaborate with the department and the Arkansas Cancer Coalition in conducting the initiative, which shall be administered through the department. (c) (1) The initiative shall be designed in conformity with federal law and regulations regarding a program for prevention, early detection, and treatment of colorectal cancer. (2) Funds shall not be used to supplant funds already available for prevention, early detection, and treatment of colorectal cancer. (d) A contract may be made under this subchapter only if: (1) In providing screenings for colorectal cancer, priority is given to individuals who lack adequate coverage under health insurance and health plans for screenings for colorectal cancer; (2) Screenings are carried out as preventive health measures in accordance with evidence-based screening guidelines and procedures; (3) A payment made through the initiative for a screening procedure will not exceed the amount specified under federal law and regulations regarding a grant program for prevention, early detection, and treatment of colorectal cancer; (4) Funds shall not be spent to make payment for any item or service if that payment has been made or can reasonably be expected to be made: (A) Under a state compensation program, an insurance policy, or a federal or state health benefits program; or (B) By an entity that provides health services on a prepaid basis; and (5) Fiscal controls and fund accounting procedures are established to ensure proper disbursal of and accounting for amounts received under this subchapter. (e) Upon request, the department shall provide records maintained under this subchapter to the appropriate federal oversight agency. (f) The initiative shall be implemented statewide. Amended by Act 2019, No. 655,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017. Acts 2009, No. 1374, § 1.

(a) There is created the Arkansas Colorectal Cancer Screening Initiative in the Department of Health, if funds are available.

(b) The Winthrop P. Rockefeller Cancer Institute at the University of Arkansas for Medical Sciences may collaborate with the department and the Arkansas Cancer Coalition in conducting the initiative, which shall be administered through the department.

(c) (1) The initiative shall be designed in conformity with federal law and regulations regarding a program for prevention, early detection, and treatment of colorectal cancer. (2) Funds shall not be used to supplant funds already available for prevention, early detection, and treatment of colorectal cancer.

(1) The initiative shall be designed in conformity with federal law and regulations regarding a program for prevention, early detection, and treatment of colorectal cancer.

(2) Funds shall not be used to supplant funds already available for prevention, early detection, and treatment of colorectal cancer.

(d) A contract may be made under this subchapter only if: (1) In providing screenings for colorectal cancer, priority is given to individuals who lack adequate coverage under health insurance and health plans for screenings for colorectal cancer; (2) Screenings are carried out as preventive health measures in accordance with evidence-based screening guidelines and procedures; (3) A payment made through the initiative for a screening procedure will not exceed the amount specified under federal law and regulations regarding a grant program for prevention, early detection, and treatment of colorectal cancer; (4) Funds shall not be spent to make payment for any item or service if that payment has been made or can reasonably be expected to be made: (A) Under a state compensation program, an insurance policy, or a federal or state health benefits program; or (B) By an entity that provides health services on a prepaid basis; and (5) Fiscal controls and fund accounting procedures are established to ensure proper disbursal of and accounting for amounts received under this subchapter.

(1) In providing screenings for colorectal cancer, priority is given to individuals who lack adequate coverage under health insurance and health plans for screenings for colorectal cancer;

(2) Screenings are carried out as preventive health measures in accordance with evidence-based screening guidelines and procedures;

(3) A payment made through the initiative for a screening procedure will not exceed the amount specified under federal law and regulations regarding a grant program for prevention, early detection, and treatment of colorectal cancer;

(4) Funds shall not be spent to make payment for any item or service if that payment has been made or can reasonably be expected to be made: (A) Under a state compensation program, an insurance policy, or a federal or state health benefits program; or (B) By an entity that provides health services on a prepaid basis; and

(A) Under a state compensation program, an insurance policy, or a federal or state health benefits program; or

(B) By an entity that provides health services on a prepaid basis; and

(5) Fiscal controls and fund accounting procedures are established to ensure proper disbursal of and accounting for amounts received under this subchapter.

(e) Upon request, the department shall provide records maintained under this subchapter to the appropriate federal oversight agency.

(f) The initiative shall be implemented statewide.

Amended by Act 2019, No. 655,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017.

Acts 2009, No. 1374, § 1.
Ark. Code Ann. § 20-77-2703 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2703
Definitions
Status: in_force

As used in this subchapter: (1) "Associated participant" means an organization or individual that is a member or contractor of a risk-based provider organization and provides necessary administrative functions, including without limitation claims processing, data collection, and outcome reporting; (2) "Capitated" means an actuarially sound healthcare payment that is based on a payment per person that covers the total risk for providing healthcare services as provided in this subchapter for a person; (3) (A) "Care coordination" means the coordination of healthcare services delivered by healthcare provider teams to empower patients in their health care and to improve the efficiency and effectiveness of the healthcare sector. (B) "Care coordination" includes without limitation: (i) Health education and coaching; (ii) Promotion of links with medical home services and the healthcare system in general; (iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services; (iv) Assistance with social determinants of health, such as access to healthy food and exercise; (v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management; and (vi) Community-based management of medication therapy; (4) "Carrier" means an organization that is: (A) Licensed or otherwise authorized to transact health insurance as an insurance company under § 23-62-103 ; (B) Authorized to provide healthcare plans under § 23-76-108 as a health maintenance organization; or (C) Authorized to issue hospital service or medical service plans as a hospital medical service corporation under § 23-75-108 ; (5) (A) "Covered Medicaid beneficiary population" means a group of individuals with: (i) Significant behavioral health needs, including for substance abuse treatment and services, and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the Department of Human Services; or (ii) Intellectual or developmental disabilities and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the department. (B) "Covered Medicaid beneficiary population" does not include individuals enrolled in a long-term care services and supports program under 42 U.S.C. § 1396n or 42 U.S.C. § 1315 , due to a physical functional limitation; (6) "Direct service provider" means an organization or individual that delivers healthcare services to enrollable Medicaid beneficiary populations; (7) "Enrollable Medicaid beneficiary population" means a group of individuals who are either: (A) Members of a covered Medicaid beneficiary population; or (B) Members of a voluntary Medicaid beneficiary population; (8) "Flexible services" means alternative services that are not included in the state plan or waiver of the Arkansas Medicaid Program and that are appropriate and cost-effective services that improve the health or social determinants of a member of an enrollable Medicaid beneficiary population that affect the health of the member of the enrollable Medicaid beneficiary population; (9) "Global payment" means a population-based payment methodology that is actuarially sound and based on an all-inclusive per-person-per-month calculation for all benefits, administration, care management, and care coordination for enrollable Medicaid beneficiary populations; (10) "Medicaid" means the programs authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., as they existed on January 1, 2017, for the provision of healthcare services to members of enrollable Medicaid beneficiary populations; (11) "Participating provider" means an organization or individual that is a member of or has an ownership interest in a risk-based provider organization and delivers healthcare services to enrollable Medicaid beneficiary populations; (12) "Quality incentive pool" means a funding source established and maintained by the department to be used to reward risk-based provider organizations that meet or exceed specific performance and outcome measures; (13) "Risk-based provider organization" means an entity that: (A) (i) Is licensed by the Insurance Commissioner under the rules established for risk-based provider organizations by the commissioner. (ii) Notwithstanding any other provision of law, a risk-based provider organization is an insurance company upon licensure by the commissioner but is not deemed an insurer for purposes of the Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq. (iii) The commissioner shall not license a risk-based provider organization except as provided in this subchapter; (B) Is obligated to assume the financial risk for the delivery of specifically defined healthcare services to an enrollable Medicaid beneficiary population; and (C) Is paid by the department on a capitated basis with a global payment made, whether or not a particular member of an enrollable Medicaid beneficiary population receives services during the period covered by the payment; and (14) "Voluntary Medicaid beneficiary population" means a group of individuals who: (A) Are in need of behavioral health services or developmental disabilities services; (B) Are eligible for the Arkansas Medicaid Program; and (C) May elect to enroll in a risk-based provider organization if the group is not otherwise excluded by this subchapter. Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

As used in this subchapter:

(1) "Associated participant" means an organization or individual that is a member or contractor of a risk-based provider organization and provides necessary administrative functions, including without limitation claims processing, data collection, and outcome reporting;

(2) "Capitated" means an actuarially sound healthcare payment that is based on a payment per person that covers the total risk for providing healthcare services as provided in this subchapter for a person;

(3) (A) "Care coordination" means the coordination of healthcare services delivered by healthcare provider teams to empower patients in their health care and to improve the efficiency and effectiveness of the healthcare sector. (B) "Care coordination" includes without limitation: (i) Health education and coaching; (ii) Promotion of links with medical home services and the healthcare system in general; (iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services; (iv) Assistance with social determinants of health, such as access to healthy food and exercise; (v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management; and (vi) Community-based management of medication therapy;

(A) "Care coordination" means the coordination of healthcare services delivered by healthcare provider teams to empower patients in their health care and to improve the efficiency and effectiveness of the healthcare sector.

(B) "Care coordination" includes without limitation: (i) Health education and coaching; (ii) Promotion of links with medical home services and the healthcare system in general; (iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services; (iv) Assistance with social determinants of health, such as access to healthy food and exercise; (v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management; and (vi) Community-based management of medication therapy;

(i) Health education and coaching;

(ii) Promotion of links with medical home services and the healthcare system in general;

(iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services;

(iv) Assistance with social determinants of health, such as access to healthy food and exercise;

(v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management; and

(vi) Community-based management of medication therapy;

(4) "Carrier" means an organization that is: (A) Licensed or otherwise authorized to transact health insurance as an insurance company under § 23-62-103 ; (B) Authorized to provide healthcare plans under § 23-76-108 as a health maintenance organization; or (C) Authorized to issue hospital service or medical service plans as a hospital medical service corporation under § 23-75-108 ;

(A) Licensed or otherwise authorized to transact health insurance as an insurance company under § 23-62-103 ;

(B) Authorized to provide healthcare plans under § 23-76-108 as a health maintenance organization; or

(C) Authorized to issue hospital service or medical service plans as a hospital medical service corporation under § 23-75-108 ;

(5) (A) "Covered Medicaid beneficiary population" means a group of individuals with: (i) Significant behavioral health needs, including for substance abuse treatment and services, and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the Department of Human Services; or (ii) Intellectual or developmental disabilities and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the department. (B) "Covered Medicaid beneficiary population" does not include individuals enrolled in a long-term care services and supports program under 42 U.S.C. § 1396n or 42 U.S.C. § 1315 , due to a physical functional limitation;

(A) "Covered Medicaid beneficiary population" means a group of individuals with: (i) Significant behavioral health needs, including for substance abuse treatment and services, and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the Department of Human Services; or (ii) Intellectual or developmental disabilities and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the department.

(i) Significant behavioral health needs, including for substance abuse treatment and services, and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the Department of Human Services; or

(ii) Intellectual or developmental disabilities and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the department.

(B) "Covered Medicaid beneficiary population" does not include individuals enrolled in a long-term care services and supports program under 42 U.S.C. § 1396n or 42 U.S.C. § 1315 , due to a physical functional limitation;

(6) "Direct service provider" means an organization or individual that delivers healthcare services to enrollable Medicaid beneficiary populations;

(7) "Enrollable Medicaid beneficiary population" means a group of individuals who are either: (A) Members of a covered Medicaid beneficiary population; or (B) Members of a voluntary Medicaid beneficiary population;

(A) Members of a covered Medicaid beneficiary population; or

(B) Members of a voluntary Medicaid beneficiary population;

(8) "Flexible services" means alternative services that are not included in the state plan or waiver of the Arkansas Medicaid Program and that are appropriate and cost-effective services that improve the health or social determinants of a member of an enrollable Medicaid beneficiary population that affect the health of the member of the enrollable Medicaid beneficiary population;

(9) "Global payment" means a population-based payment methodology that is actuarially sound and based on an all-inclusive per-person-per-month calculation for all benefits, administration, care management, and care coordination for enrollable Medicaid beneficiary populations;

(10) "Medicaid" means the programs authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., as they existed on January 1, 2017, for the provision of healthcare services to members of enrollable Medicaid beneficiary populations;

(11) "Participating provider" means an organization or individual that is a member of or has an ownership interest in a risk-based provider organization and delivers healthcare services to enrollable Medicaid beneficiary populations;

(12) "Quality incentive pool" means a funding source established and maintained by the department to be used to reward risk-based provider organizations that meet or exceed specific performance and outcome measures;

(13) "Risk-based provider organization" means an entity that: (A) (i) Is licensed by the Insurance Commissioner under the rules established for risk-based provider organizations by the commissioner. (ii) Notwithstanding any other provision of law, a risk-based provider organization is an insurance company upon licensure by the commissioner but is not deemed an insurer for purposes of the Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq. (iii) The commissioner shall not license a risk-based provider organization except as provided in this subchapter; (B) Is obligated to assume the financial risk for the delivery of specifically defined healthcare services to an enrollable Medicaid beneficiary population; and (C) Is paid by the department on a capitated basis with a global payment made, whether or not a particular member of an enrollable Medicaid beneficiary population receives services during the period covered by the payment; and

(A) (i) Is licensed by the Insurance Commissioner under the rules established for risk-based provider organizations by the commissioner. (ii) Notwithstanding any other provision of law, a risk-based provider organization is an insurance company upon licensure by the commissioner but is not deemed an insurer for purposes of the Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq. (iii) The commissioner shall not license a risk-based provider organization except as provided in this subchapter;

(i) Is licensed by the Insurance Commissioner under the rules established for risk-based provider organizations by the commissioner.

(ii) Notwithstanding any other provision of law, a risk-based provider organization is an insurance company upon licensure by the commissioner but is not deemed an insurer for purposes of the Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq.

(iii) The commissioner shall not license a risk-based provider organization except as provided in this subchapter;

(B) Is obligated to assume the financial risk for the delivery of specifically defined healthcare services to an enrollable Medicaid beneficiary population; and

(C) Is paid by the department on a capitated basis with a global payment made, whether or not a particular member of an enrollable Medicaid beneficiary population receives services during the period covered by the payment; and

(14) "Voluntary Medicaid beneficiary population" means a group of individuals who: (A) Are in need of behavioral health services or developmental disabilities services; (B) Are eligible for the Arkansas Medicaid Program; and (C) May elect to enroll in a risk-based provider organization if the group is not otherwise excluded by this subchapter.

(A) Are in need of behavioral health services or developmental disabilities services;

(B) Are eligible for the Arkansas Medicaid Program; and

(C) May elect to enroll in a risk-based provider organization if the group is not otherwise excluded by this subchapter.

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Ark. Code Ann. § 20-18-602 — AR Code / Title 20 / Chapter 18 / Subchapter 6 / Section 20-18-602
Delayed registration
Status: in_force

(a) When a death occurring in this state has not been registered within the time period prescribed by § 20-18-601 , a certificate may be filed in accordance with rules promulgated by the State Board of Health. The certificates shall be registered subject to such evidentiary requirements as the board shall by rule prescribe to substantiate the alleged facts of death. (b) When an applicant does not submit the minimum documentation required by rule for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of death and shall advise the applicant of the reasons for this action and further advise the applicant of his or her right to appeal to a court of competent jurisdiction. (c) Certificates of death registered one (1) year or more after the date of death shall be marked "DELAYED" and shall show on their face the date of the delayed registration. Amended by Act 2019, No. 315,§ 1976, eff. 7/24/2019. Acts 1981, No. 120, § 14; A.S.A. 1947, § 82-514; Acts 1995, No. 1254, § 26.

(a) When a death occurring in this state has not been registered within the time period prescribed by § 20-18-601 , a certificate may be filed in accordance with rules promulgated by the State Board of Health. The certificates shall be registered subject to such evidentiary requirements as the board shall by rule prescribe to substantiate the alleged facts of death.

(b) When an applicant does not submit the minimum documentation required by rule for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of death and shall advise the applicant of the reasons for this action and further advise the applicant of his or her right to appeal to a court of competent jurisdiction.

(c) Certificates of death registered one (1) year or more after the date of death shall be marked "DELAYED" and shall show on their face the date of the delayed registration.

Amended by Act 2019, No. 315,§ 1976, eff. 7/24/2019.

Acts 1981, No. 120, § 14; A.S.A. 1947, § 82-514; Acts 1995, No. 1254, § 26.
Ark. Code Ann. § 20-6-405 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-405
Hospital or office of healthcare professional visitation
Status: in_force

(a) (1) A child has the right to have a parent, legal guardian, or person standing in loco parentis physically present with the child while the child receives care in a hospital or an office of a healthcare professional. (2) An adult patient has the right to have a spouse, support person, or legal guardian physically present with the adult patient while the adult receives care in a hospital or an office of a healthcare professional. (3) A person with a right to be physically present under subdivisions (a)(1) and (2) of this section may leave and return to the hospital or office of a healthcare professional that is caring for the patient. (b) A hospital or an office of a healthcare professional shall not: (1) Require a patient to waive the rights specified in subdivisions (a)(1) and (2) of this section; (2) Prevent a parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from having daily physical access to the child at reasonable times; or (3) Separate the parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from the child except in cases of suspected abuse or threats of violence or to prevent disruption to the care of the child. (c) A hospital or an office of a healthcare professional may restrict access of any person to a patient: (1) At the request of the patient or a law enforcement agency; (2) Due to a court order; (3) To prevent disruption to the care of the patient; (4) (A) If the person has signs and symptoms of a transmissible infection. (B) However, the hospital or office of a healthcare professional shall allow access through telephone, telecommunication means, or other means that ensure the protection of the patient. (C) The person shall follow respiratory hygiene and cough etiquette as well as other infection prevention and control practices such as appropriate hand hygiene; (5) If the person is determined to be a danger to the patient or to be contrary to the welfare of the patient; or (6) According to visitation policies established under § 20-6-411 . Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) (1) A child has the right to have a parent, legal guardian, or person standing in loco parentis physically present with the child while the child receives care in a hospital or an office of a healthcare professional. (2) An adult patient has the right to have a spouse, support person, or legal guardian physically present with the adult patient while the adult receives care in a hospital or an office of a healthcare professional. (3) A person with a right to be physically present under subdivisions (a)(1) and (2) of this section may leave and return to the hospital or office of a healthcare professional that is caring for the patient.

(1) A child has the right to have a parent, legal guardian, or person standing in loco parentis physically present with the child while the child receives care in a hospital or an office of a healthcare professional.

(2) An adult patient has the right to have a spouse, support person, or legal guardian physically present with the adult patient while the adult receives care in a hospital or an office of a healthcare professional.

(3) A person with a right to be physically present under subdivisions (a)(1) and (2) of this section may leave and return to the hospital or office of a healthcare professional that is caring for the patient.

(b) A hospital or an office of a healthcare professional shall not: (1) Require a patient to waive the rights specified in subdivisions (a)(1) and (2) of this section; (2) Prevent a parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from having daily physical access to the child at reasonable times; or (3) Separate the parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from the child except in cases of suspected abuse or threats of violence or to prevent disruption to the care of the child.

(1) Require a patient to waive the rights specified in subdivisions (a)(1) and (2) of this section;

(2) Prevent a parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from having daily physical access to the child at reasonable times; or

(3) Separate the parent, legal guardian, or person standing in loco parentis of a child receiving care in a hospital or an office of a healthcare professional from the child except in cases of suspected abuse or threats of violence or to prevent disruption to the care of the child.

(c) A hospital or an office of a healthcare professional may restrict access of any person to a patient: (1) At the request of the patient or a law enforcement agency; (2) Due to a court order; (3) To prevent disruption to the care of the patient; (4) (A) If the person has signs and symptoms of a transmissible infection. (B) However, the hospital or office of a healthcare professional shall allow access through telephone, telecommunication means, or other means that ensure the protection of the patient. (C) The person shall follow respiratory hygiene and cough etiquette as well as other infection prevention and control practices such as appropriate hand hygiene; (5) If the person is determined to be a danger to the patient or to be contrary to the welfare of the patient; or (6) According to visitation policies established under § 20-6-411 .

(1) At the request of the patient or a law enforcement agency;

(2) Due to a court order;

(3) To prevent disruption to the care of the patient;

(4) (A) If the person has signs and symptoms of a transmissible infection. (B) However, the hospital or office of a healthcare professional shall allow access through telephone, telecommunication means, or other means that ensure the protection of the patient. (C) The person shall follow respiratory hygiene and cough etiquette as well as other infection prevention and control practices such as appropriate hand hygiene;

(A) If the person has signs and symptoms of a transmissible infection.

(B) However, the hospital or office of a healthcare professional shall allow access through telephone, telecommunication means, or other means that ensure the protection of the patient.

(C) The person shall follow respiratory hygiene and cough etiquette as well as other infection prevention and control practices such as appropriate hand hygiene;

(5) If the person is determined to be a danger to the patient or to be contrary to the welfare of the patient; or

(6) According to visitation policies established under § 20-6-411 .

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-77-710 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-710
Annual report of cotrustees of Special Needs Trust Revolving Fund
Status: in_force

The cotrustees of the Special Needs Trust Revolving Fund shall prepare and transmit annually a report of their activities to the Secretary of the Department of Human Services. This report shall include the amount of benefits paid and a statistical summary of claims and benefits made and denied. Amended by Act 2019, No. 910,§ 5226, eff. 7/1/2019. Acts 1993, No. 1228, § 1.

The cotrustees of the Special Needs Trust Revolving Fund shall prepare and transmit annually a report of their activities to the Secretary of the Department of Human Services. This report shall include the amount of benefits paid and a statistical summary of claims and benefits made and denied.

Amended by Act 2019, No. 910,§ 5226, eff. 7/1/2019.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-15-1403 — AR Code / Title 20 / Chapter 15 / Subchapter 14 / Section 20-15-1403
Osteoporosis prevention and treatment education program - Funding
Status: in_force

(a) The Department of Health shall coordinate with other agencies and organizations as funds become available to establish, promote, and maintain an osteoporosis prevention and treatment education program in order to raise public awareness, to educate consumers, to educate and train health professionals and service providers, and to carry out other purposes. (b) For purposes of administering this subchapter, the State Health Officer shall do all of the following: (1) Identify the appropriate entities to carry out an osteoporosis prevention and treatment education program; (2) Work to improve the capacity of community-based services to osteoporosis patients; (3) Work with governmental offices, community and business leaders, community organizations, healthcare and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of prevention, education, and treatment of osteoporosis; and (4) Identify and, as funds become available, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis. (c) As funds become available, the Department of Health shall use the following strategies for raising public awareness on the causes and nature of osteoporosis, the personal risk factors, the value of prevention and early detection, and the options for diagnosing and treating the disease: (1) An outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials; (2) Providing health information and risk factor assessment in regard to osteoporosis at public events; (3) Targeting populations at risk for osteoporosis; (4) Providing reliable information about osteoporosis to policy makers; (5) Distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women's groups, nonprofit organizations, and community-based organizations; and (6) Any other strategy for raising public awareness about osteoporosis that is consistent with the provisions of this subchapter. (d) As funds become available, the Department of Health shall use the following strategies for educating and training physicians, health professionals, and community service providers in regard to the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, and treatment, therapeutic decision-making about osteoporosis, guidelines for detecting and treating osteoporosis in special populations, and risks and benefits of medications and research advances: (1) Identify and obtain educational materials for the professional healthcare provider which translate the latest scientific and medical information into clinical applications; (2) Raise awareness among professional healthcare providers as to the importance of osteoporosis prevention, early detection, treatment, and rehabilitation; and (3) Provide workshops and seminars for in-depth professional development in the field of the care and management of the patient with osteoporosis. Acts 1997, No. 732, § 3.

(a) The Department of Health shall coordinate with other agencies and organizations as funds become available to establish, promote, and maintain an osteoporosis prevention and treatment education program in order to raise public awareness, to educate consumers, to educate and train health professionals and service providers, and to carry out other purposes.

(b) For purposes of administering this subchapter, the State Health Officer shall do all of the following: (1) Identify the appropriate entities to carry out an osteoporosis prevention and treatment education program; (2) Work to improve the capacity of community-based services to osteoporosis patients; (3) Work with governmental offices, community and business leaders, community organizations, healthcare and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of prevention, education, and treatment of osteoporosis; and (4) Identify and, as funds become available, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis.

(1) Identify the appropriate entities to carry out an osteoporosis prevention and treatment education program;

(2) Work to improve the capacity of community-based services to osteoporosis patients;

(3) Work with governmental offices, community and business leaders, community organizations, healthcare and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of prevention, education, and treatment of osteoporosis; and

(4) Identify and, as funds become available, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis.

(c) As funds become available, the Department of Health shall use the following strategies for raising public awareness on the causes and nature of osteoporosis, the personal risk factors, the value of prevention and early detection, and the options for diagnosing and treating the disease: (1) An outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials; (2) Providing health information and risk factor assessment in regard to osteoporosis at public events; (3) Targeting populations at risk for osteoporosis; (4) Providing reliable information about osteoporosis to policy makers; (5) Distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women's groups, nonprofit organizations, and community-based organizations; and (6) Any other strategy for raising public awareness about osteoporosis that is consistent with the provisions of this subchapter.

(1) An outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials;

(2) Providing health information and risk factor assessment in regard to osteoporosis at public events;

(3) Targeting populations at risk for osteoporosis;

(4) Providing reliable information about osteoporosis to policy makers;

(5) Distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women's groups, nonprofit organizations, and community-based organizations; and

(6) Any other strategy for raising public awareness about osteoporosis that is consistent with the provisions of this subchapter.

(d) As funds become available, the Department of Health shall use the following strategies for educating and training physicians, health professionals, and community service providers in regard to the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, and treatment, therapeutic decision-making about osteoporosis, guidelines for detecting and treating osteoporosis in special populations, and risks and benefits of medications and research advances: (1) Identify and obtain educational materials for the professional healthcare provider which translate the latest scientific and medical information into clinical applications; (2) Raise awareness among professional healthcare providers as to the importance of osteoporosis prevention, early detection, treatment, and rehabilitation; and (3) Provide workshops and seminars for in-depth professional development in the field of the care and management of the patient with osteoporosis.

(1) Identify and obtain educational materials for the professional healthcare provider which translate the latest scientific and medical information into clinical applications;

(2) Raise awareness among professional healthcare providers as to the importance of osteoporosis prevention, early detection, treatment, and rehabilitation; and

(3) Provide workshops and seminars for in-depth professional development in the field of the care and management of the patient with osteoporosis.

Acts 1997, No. 732, § 3.
Ark. Code Ann. § 20-77-1606 — AR Code / Title 20 / Chapter 77 / Subchapter 16 / Section 20-77-1606
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 2303, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2302, eff. 7/1/2019. Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019. Acts 2005, No. 1757, § 1.

Amended by Act 2019, No. 910,§ 2303, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2302, eff. 7/1/2019.

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.

Acts 2005, No. 1757, § 1.
Ark. Code Ann. § 20-17-210 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-210
Miscellaneous provisions
Status: in_force

(a) Death resulting from the withholding or withdrawal of life-sustaining treatment pursuant to a declaration and in accordance with this subchapter does not constitute, for any purpose, a suicide or homicide. (b) The making of a declaration pursuant to § 20-17-202 does not affect in any manner the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured qualified patient, notwithstanding any term to the contrary. (c) A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, healthcare services. (d) This subchapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition or permanent unconsciousness. (e) This subchapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede any right or responsibility that a person has to affect the withholding or withdrawal of medical care. (f) This subchapter does not require any physician or other healthcare provider to take any action contrary to reasonable medical standards. (g) This subchapter does not condone, authorize, or approve mercy killing or euthanasia. Acts 1987, No. 713, § 10; 1999, No. 1536, § 6.

(a) Death resulting from the withholding or withdrawal of life-sustaining treatment pursuant to a declaration and in accordance with this subchapter does not constitute, for any purpose, a suicide or homicide.

(b) The making of a declaration pursuant to § 20-17-202 does not affect in any manner the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured qualified patient, notwithstanding any term to the contrary.

(c) A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, healthcare services.

(d) This subchapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition or permanent unconsciousness.

(e) This subchapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede any right or responsibility that a person has to affect the withholding or withdrawal of medical care.

(f) This subchapter does not require any physician or other healthcare provider to take any action contrary to reasonable medical standards.

(g) This subchapter does not condone, authorize, or approve mercy killing or euthanasia.

Acts 1987, No. 713, § 10; 1999, No. 1536, § 6.
Ark. Code Ann. § 20-15-1103 — AR Code / Title 20 / Chapter 15 / Subchapter 11 / Section 20-15-1103
Creation
Status: in_force

(a) There is established in the Department of Health a program to be known as the "Newborn Infant Hearing Screening Program". The program shall provide for the early identification and follow-up of newborn infants at risk. (b) The program shall include: (1) Development through the promulgation of rules and criteria or factors to identify those newborn infants who are at risk for hearing impairment or of developing a progressive hearing impairment; (2) Creation of a Hearing Impairment Registry to include, but not be limited to, the identification of newborn infants at risk for hearing impairment, infants with hearing impairment, and infants at risk of developing a progressive hearing impairment; (3) Development of a hearing impairment at-risk questionnaire. The instrument shall be provided by the department to hospitals, birthing centers, and lay midwives for use in the program; (4) Development of appropriate written materials regarding hearing impairment. The materials shall be provided to hospitals, birthing centers, and lay midwives for their use in the program; (5) Development of a means of establishing contact with parents, guardians, and physicians of newborn infants with hearing impairment, of newborn infants at risk, and of infants at risk of developing a progressive hearing impairment; (6) Establishment of a telephone hotline to communicate information about hearing impairment, hearing screening, audiological evaluation, and other services for infants with hearing impairment; (7) Development of a screening report to be used by all facilities screening infants for hearing impairment to provide information to the department for a tracking system for newborn infants at risk; and (8) A data collection system. Amended by Act 2019, No. 315,§ 1945, eff. 7/24/2019. Acts 1993, No. 1096, § 3.

(a) There is established in the Department of Health a program to be known as the "Newborn Infant Hearing Screening Program". The program shall provide for the early identification and follow-up of newborn infants at risk.

(b) The program shall include: (1) Development through the promulgation of rules and criteria or factors to identify those newborn infants who are at risk for hearing impairment or of developing a progressive hearing impairment; (2) Creation of a Hearing Impairment Registry to include, but not be limited to, the identification of newborn infants at risk for hearing impairment, infants with hearing impairment, and infants at risk of developing a progressive hearing impairment; (3) Development of a hearing impairment at-risk questionnaire. The instrument shall be provided by the department to hospitals, birthing centers, and lay midwives for use in the program; (4) Development of appropriate written materials regarding hearing impairment. The materials shall be provided to hospitals, birthing centers, and lay midwives for their use in the program; (5) Development of a means of establishing contact with parents, guardians, and physicians of newborn infants with hearing impairment, of newborn infants at risk, and of infants at risk of developing a progressive hearing impairment; (6) Establishment of a telephone hotline to communicate information about hearing impairment, hearing screening, audiological evaluation, and other services for infants with hearing impairment; (7) Development of a screening report to be used by all facilities screening infants for hearing impairment to provide information to the department for a tracking system for newborn infants at risk; and (8) A data collection system.

(1) Development through the promulgation of rules and criteria or factors to identify those newborn infants who are at risk for hearing impairment or of developing a progressive hearing impairment;

(2) Creation of a Hearing Impairment Registry to include, but not be limited to, the identification of newborn infants at risk for hearing impairment, infants with hearing impairment, and infants at risk of developing a progressive hearing impairment;

(3) Development of a hearing impairment at-risk questionnaire. The instrument shall be provided by the department to hospitals, birthing centers, and lay midwives for use in the program;

(4) Development of appropriate written materials regarding hearing impairment. The materials shall be provided to hospitals, birthing centers, and lay midwives for their use in the program;

(5) Development of a means of establishing contact with parents, guardians, and physicians of newborn infants with hearing impairment, of newborn infants at risk, and of infants at risk of developing a progressive hearing impairment;

(6) Establishment of a telephone hotline to communicate information about hearing impairment, hearing screening, audiological evaluation, and other services for infants with hearing impairment;

(7) Development of a screening report to be used by all facilities screening infants for hearing impairment to provide information to the department for a tracking system for newborn infants at risk; and

(8) A data collection system.

Amended by Act 2019, No. 315,§ 1945, eff. 7/24/2019.

Acts 1993, No. 1096, § 3.
Ark. Code Ann. § 20-47-1007 — AR Code / Title 20 / Chapter 47 / Subchapter 10 / Section 20-47-1007
Basic standards of care for mental health services for individuals who are deaf or hard of hearing
Status: in_force

(a) A client who is admitted for mental health treatment shall have access to culturally affirmative mental health services and linguistically appropriate mental health services. (b) (1) A mental health professional shall work with the Deaf Services Coordinator as appropriate to ensure that culturally affirmative mental health services and linguistically appropriate mental health services are made accessible to clients. (2) A client shall have access to one-on-one culturally affirmative mental health services and linguistically appropriate mental health services from a certified mental health professional who is fluent in the communication method that is preferred by the client or recommended by a communication assessment, or both. (3) If one-on-one culturally affirmative mental health services and linguistically appropriate mental health services by a certified mental health professional are not available within a reasonable geographical area, as determined by the coordinator, for a client, the client shall be offered: (A) An appropriate referral to a certified mental health professional who can provide culturally affirmative mental health services and linguistically appropriate mental health services through telemedicine or other remote technology; or (B) (i) At no cost to the client, culturally affirmative mental health services and linguistically appropriate mental health services through the use of an interpreter. (ii) If an interpreter cannot be physically present in a timely manner, the services of an interpreter may be offered to the client through telemedicine or other remote technology. (4) If an interpreter is offered to a client, the client: (A) May voluntarily decline to accept or use the mental health services through the interpreter without a penalty to the client; and (B) Shall be offered any other assistance and services as required by federal and state law, including without limitation a different interpreter or hearing assistive technology. (5) If a client refuses all culturally affirmative mental health services and linguistically appropriate mental health services that are offered, the mental health professional shall: (A) Secure from the client a signed waiver of the right to receive culturally affirmative mental health services and linguistically appropriate mental health services and place the waiver in the file of the client; (B) Notify the coordinator of the refusal of culturally affirmative mental health services and linguistically appropriate mental health services; and (C) Allow the coordinator to review the culturally affirmative mental health services and linguistically appropriate mental health services offered to ensure that all the mental health services were appropriate. Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.

(a) A client who is admitted for mental health treatment shall have access to culturally affirmative mental health services and linguistically appropriate mental health services.

(b) (1) A mental health professional shall work with the Deaf Services Coordinator as appropriate to ensure that culturally affirmative mental health services and linguistically appropriate mental health services are made accessible to clients. (2) A client shall have access to one-on-one culturally affirmative mental health services and linguistically appropriate mental health services from a certified mental health professional who is fluent in the communication method that is preferred by the client or recommended by a communication assessment, or both. (3) If one-on-one culturally affirmative mental health services and linguistically appropriate mental health services by a certified mental health professional are not available within a reasonable geographical area, as determined by the coordinator, for a client, the client shall be offered: (A) An appropriate referral to a certified mental health professional who can provide culturally affirmative mental health services and linguistically appropriate mental health services through telemedicine or other remote technology; or (B) (i) At no cost to the client, culturally affirmative mental health services and linguistically appropriate mental health services through the use of an interpreter. (ii) If an interpreter cannot be physically present in a timely manner, the services of an interpreter may be offered to the client through telemedicine or other remote technology. (4) If an interpreter is offered to a client, the client: (A) May voluntarily decline to accept or use the mental health services through the interpreter without a penalty to the client; and (B) Shall be offered any other assistance and services as required by federal and state law, including without limitation a different interpreter or hearing assistive technology. (5) If a client refuses all culturally affirmative mental health services and linguistically appropriate mental health services that are offered, the mental health professional shall: (A) Secure from the client a signed waiver of the right to receive culturally affirmative mental health services and linguistically appropriate mental health services and place the waiver in the file of the client; (B) Notify the coordinator of the refusal of culturally affirmative mental health services and linguistically appropriate mental health services; and (C) Allow the coordinator to review the culturally affirmative mental health services and linguistically appropriate mental health services offered to ensure that all the mental health services were appropriate.

(1) A mental health professional shall work with the Deaf Services Coordinator as appropriate to ensure that culturally affirmative mental health services and linguistically appropriate mental health services are made accessible to clients.

(2) A client shall have access to one-on-one culturally affirmative mental health services and linguistically appropriate mental health services from a certified mental health professional who is fluent in the communication method that is preferred by the client or recommended by a communication assessment, or both.

(3) If one-on-one culturally affirmative mental health services and linguistically appropriate mental health services by a certified mental health professional are not available within a reasonable geographical area, as determined by the coordinator, for a client, the client shall be offered: (A) An appropriate referral to a certified mental health professional who can provide culturally affirmative mental health services and linguistically appropriate mental health services through telemedicine or other remote technology; or (B) (i) At no cost to the client, culturally affirmative mental health services and linguistically appropriate mental health services through the use of an interpreter. (ii) If an interpreter cannot be physically present in a timely manner, the services of an interpreter may be offered to the client through telemedicine or other remote technology.

(A) An appropriate referral to a certified mental health professional who can provide culturally affirmative mental health services and linguistically appropriate mental health services through telemedicine or other remote technology; or

(B) (i) At no cost to the client, culturally affirmative mental health services and linguistically appropriate mental health services through the use of an interpreter. (ii) If an interpreter cannot be physically present in a timely manner, the services of an interpreter may be offered to the client through telemedicine or other remote technology.

(i) At no cost to the client, culturally affirmative mental health services and linguistically appropriate mental health services through the use of an interpreter.

(ii) If an interpreter cannot be physically present in a timely manner, the services of an interpreter may be offered to the client through telemedicine or other remote technology.

(4) If an interpreter is offered to a client, the client: (A) May voluntarily decline to accept or use the mental health services through the interpreter without a penalty to the client; and (B) Shall be offered any other assistance and services as required by federal and state law, including without limitation a different interpreter or hearing assistive technology.

(A) May voluntarily decline to accept or use the mental health services through the interpreter without a penalty to the client; and

(B) Shall be offered any other assistance and services as required by federal and state law, including without limitation a different interpreter or hearing assistive technology.

(5) If a client refuses all culturally affirmative mental health services and linguistically appropriate mental health services that are offered, the mental health professional shall: (A) Secure from the client a signed waiver of the right to receive culturally affirmative mental health services and linguistically appropriate mental health services and place the waiver in the file of the client; (B) Notify the coordinator of the refusal of culturally affirmative mental health services and linguistically appropriate mental health services; and (C) Allow the coordinator to review the culturally affirmative mental health services and linguistically appropriate mental health services offered to ensure that all the mental health services were appropriate.

(A) Secure from the client a signed waiver of the right to receive culturally affirmative mental health services and linguistically appropriate mental health services and place the waiver in the file of the client;

(B) Notify the coordinator of the refusal of culturally affirmative mental health services and linguistically appropriate mental health services; and

(C) Allow the coordinator to review the culturally affirmative mental health services and linguistically appropriate mental health services offered to ensure that all the mental health services were appropriate.

Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-19-609 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-609
Additional local restrictions authorized
Status: in_force

This subchapter does not preempt the authority of a city, town, or county. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

This subchapter does not preempt the authority of a city, town, or county.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-13-407 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-407
Administration of subchapter
Status: in_force

(a) The Department of Health shall prepare a certificate form for use by a physician as authorized under this subchapter. (b) (1) A copy of a certificate issued under this subchapter shall be forwarded by the issuing physician to the department. (2) The department shall maintain the copy on file and make it available for public inspection. Amended by Act 2015, No. 1108,§ 3, eff. 7/22/2015. Acts 1983, No. 436, § 6; A.S.A. 1947, § 82-4506.

(a) The Department of Health shall prepare a certificate form for use by a physician as authorized under this subchapter.

(b) (1) A copy of a certificate issued under this subchapter shall be forwarded by the issuing physician to the department. (2) The department shall maintain the copy on file and make it available for public inspection.

(1) A copy of a certificate issued under this subchapter shall be forwarded by the issuing physician to the department.

(2) The department shall maintain the copy on file and make it available for public inspection.

Amended by Act 2015, No. 1108,§ 3, eff. 7/22/2015.

Acts 1983, No. 436, § 6; A.S.A. 1947, § 82-4506.
Ark. Code Ann. § 20-17-1214 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1214
Rights and duties of procurement organization and others
Status: in_force

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Office of Driver Services and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) A procurement organization must be allowed reasonable access to information in the records of the Office of Driver Services to ascertain whether an individual at or near death is a donor. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this subchapter, at any time after a donor's death, the person to which a part passes under § 20-17-1211 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this subchapter, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor. (f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal. (g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in § 20-17-1209 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to § 20-17-1211(i) and § 20-17-1223 , the rights of the person to which a part passes under § 20-17-1211 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this subchapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under § 20-17-1211 , upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. Acts 2007, No. 839, § 1.

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Office of Driver Services and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(b) A procurement organization must be allowed reasonable access to information in the records of the Office of Driver Services to ascertain whether an individual at or near death is a donor.

(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

(d) Unless prohibited by law other than this subchapter, at any time after a donor's death, the person to which a part passes under § 20-17-1211 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

(e) Unless prohibited by law other than this subchapter, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.

(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in § 20-17-1209 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.

(h) Subject to § 20-17-1211(i) and § 20-17-1223 , the rights of the person to which a part passes under § 20-17-1211 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this subchapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under § 20-17-1211 , upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.

(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-21-215 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-215
Licensing and registration requirements - Recognition of other licenses or registrations
Status: in_force

Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses or registrations, or equivalents, as the State Radiation Control Agency may deem desirable, subject to such licensing or registration requirements as the agency may prescribe. Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2020, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.

Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses or registrations, or equivalents, as the State Radiation Control Agency may deem desirable, subject to such licensing or registration requirements as the agency may prescribe.

Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2020, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.
Ark. Code Ann. § 20-60-207 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-207
Compliance with subchapter required
Status: in_force

An official establishment in this state shall not slaughter any livestock or process any livestock carcasses, parts of livestock carcasses, or meat food products for human consumption except in compliance with the requirements of this subchapter. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Acts 1967, No. 320, § 8; A.S.A. 1947, § 82-2008.

An official establishment in this state shall not slaughter any livestock or process any livestock carcasses, parts of livestock carcasses, or meat food products for human consumption except in compliance with the requirements of this subchapter.

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

Acts 1967, No. 320, § 8; A.S.A. 1947, § 82-2008.
Ark. Code Ann. § 20-56-410 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-410
[See Note] Testing
Status: in_force

(a) All hemp-derived products sold in this state shall be tested by an approved laboratory. (b) An approved laboratory shall be an independent third-party laboratory. (c) A hemp-derived product sold in this state shall be tested for the following and marked as to the hemp-derived product chemical makeup before being sold to consumers: (1) Cannabinoid profile; (2) Solvents; (3) Pesticides; (4) Microbials; (5) Heavy metals; and (6) Any non-hemp-based substance. (d) A hemp-derived product shall not be distributed or sold in this state without a certificate of analysis from an approved laboratory that confirms: (1) The hemp-derived product was tested by an approved laboratory; (2) A tested representative sample of the hemp-derived product contained a total delta-9 tetrahydrocannabinol concentration that did not exceed three-tenths of one percent (0.3%) under this subchapter; and (3) A detailed analysis and list of chemical makeup of the tested hemp-derived product under subsection (c) of this section. (e) Arkansas Tobacco Control may periodically sample, analyze, and test any hemp-derived product located in this state. (f) The Director of Arkansas Tobacco Control shall: (1) Investigate and issue subpoenas to any permittee or approved laboratory used by a permittee that the director has reasonable suspicion of intentionally producing falsified test results on hemp-derived products; and (2) Promulgate rules for the enforcement of this section and set penalties for any violation of the rules. 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..

(a) All hemp-derived products sold in this state shall be tested by an approved laboratory.

(b) An approved laboratory shall be an independent third-party laboratory.

(c) A hemp-derived product sold in this state shall be tested for the following and marked as to the hemp-derived product chemical makeup before being sold to consumers: (1) Cannabinoid profile; (2) Solvents; (3) Pesticides; (4) Microbials; (5) Heavy metals; and (6) Any non-hemp-based substance.

(1) Cannabinoid profile;

(2) Solvents;

(3) Pesticides;

(4) Microbials;

(5) Heavy metals; and

(6) Any non-hemp-based substance.

(d) A hemp-derived product shall not be distributed or sold in this state without a certificate of analysis from an approved laboratory that confirms: (1) The hemp-derived product was tested by an approved laboratory; (2) A tested representative sample of the hemp-derived product contained a total delta-9 tetrahydrocannabinol concentration that did not exceed three-tenths of one percent (0.3%) under this subchapter; and (3) A detailed analysis and list of chemical makeup of the tested hemp-derived product under subsection (c) of this section.

(1) The hemp-derived product was tested by an approved laboratory;

(2) A tested representative sample of the hemp-derived product contained a total delta-9 tetrahydrocannabinol concentration that did not exceed three-tenths of one percent (0.3%) under this subchapter; and

(3) A detailed analysis and list of chemical makeup of the tested hemp-derived product under subsection (c) of this section.

(e) Arkansas Tobacco Control may periodically sample, analyze, and test any hemp-derived product located in this state.

(f) The Director of Arkansas Tobacco Control shall: (1) Investigate and issue subpoenas to any permittee or approved laboratory used by a permittee that the director has reasonable suspicion of intentionally producing falsified test results on hemp-derived products; and (2) Promulgate rules for the enforcement of this section and set penalties for any violation of the rules.

(1) Investigate and issue subpoenas to any permittee or approved laboratory used by a permittee that the director has reasonable suspicion of intentionally producing falsified test results on hemp-derived products; and

(2) Promulgate rules for the enforcement of this section and set penalties for any violation of the rules.

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. § 20-77-2503 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2503
Office of Medicaid Inspector General - Created
Status: in_force

The Office of Medicaid Inspector General is created within the Department of Inspector General and is independent from the Department of Human Services. Amended by Act 2019, No. 910,§ 5260, eff. 7/1/2019. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

The Office of Medicaid Inspector General is created within the Department of Inspector General and is independent from the Department of Human Services.

Amended by Act 2019, No. 910,§ 5260, eff. 7/1/2019.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-59-407 — AR Code / Title 20 / Chapter 59 / Subchapter 4 / Section 20-59-407
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 7, eff. 7/24/2019. Acts 1981, No. 587, § 9; A.S.A. 1947, § 82-4014.

Repealed by Act 2019, No. 1091,§ 7, eff. 7/24/2019.

Acts 1981, No. 587, § 9; A.S.A. 1947, § 82-4014.
Ark. Code Ann. § 20-7-141 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-141
Prevention of diseases - Religious organizations - Definitions
Status: in_force

(a) As used in this section: (1) "Discriminatory action" means an action taken by the State Board of Health to: (A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization; (C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization; (2) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(2); and (3) "Religious service" means a meeting, gathering, or assembly of two (2) or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or involving the exercising of the right to practice religion. (b) (1) The board shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq. (2) (A) This section does not prevent the board from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses. (B) The board shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the board demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest. (3) The board shall not take discriminatory action under this subchapter against a religious organization wholly or partially on the basis that the religious organization: (A) Is religious; (B) Operates or seeks to operate during a disaster emergency; or (C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution. (c) (1) A religious organization may assert a violation of this section as a claim against the board in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding. (2) An action under this section may be commenced and relief may be granted in a judicial proceeding without regard to whether the religious organization commencing the action has sought or exhausted all administrative remedies. (3) A religious organization that successfully asserts a claim or defense under this section may recover: (A) Declaratory relief; (B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section; (C) Compensatory damages for pecuniary and nonpecuniary losses; (D) Reasonable attorney's fees and costs; and (E) Any other appropriate relief. (d) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent allowed under law. (e) This section shall be construed in favor of a broad protection of free exercise of religion. (f) (1) The protection of free exercise of religion afforded under this section is in addition to the protections provided under federal law, state law, the United States Constitution, and the Arkansas Constitution. (2) This section does not preempt or repeal any state or local law that is equally or more protective of free exercise of religion. (3) This section does not narrow the meaning or application of any state or local law protecting the free exercise of religion. (g) (1) This section applies to and in cases of conflict supersedes any statute that infringes upon the free exercise of religion protected by this section, unless a conflicting statute is expressly made exempt from the application of this section. (2) This section applies to and in cases of conflict supersedes any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of the board's authority that infringes upon the free exercise of religion protected under this section. (h) If a provision or application of this section is held to be invalid under law, the remainder and the application of the section is not affected. (i) A religious organization shall bring an action to assert a claim under this section no later than two (2) years after the date the religious organization knew or should have known that a discriminatory action or other violation of this section was taken against the religious organization. Added by Act 2021, No. 94,§ 3, eff. 2/9/2021.

(a) As used in this section: (1) "Discriminatory action" means an action taken by the State Board of Health to: (A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization; (C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization; (2) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(2); and (3) "Religious service" means a meeting, gathering, or assembly of two (2) or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or involving the exercising of the right to practice religion.

(1) "Discriminatory action" means an action taken by the State Board of Health to: (A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization; (C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization;

(A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation;

(B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization;

(C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or

(D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization;

(i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization;

(ii) Entitlement or benefit under a state benefit program from or to a religious organization; or

(iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization;

(2) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(2); and

(A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple;

(B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or

(C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(2); and

(3) "Religious service" means a meeting, gathering, or assembly of two (2) or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or involving the exercising of the right to practice religion.

(b) (1) The board shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq. (2) (A) This section does not prevent the board from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses. (B) The board shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the board demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest. (3) The board shall not take discriminatory action under this subchapter against a religious organization wholly or partially on the basis that the religious organization: (A) Is religious; (B) Operates or seeks to operate during a disaster emergency; or (C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution.

(1) The board shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.

(2) (A) This section does not prevent the board from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses. (B) The board shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the board demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest.

(A) This section does not prevent the board from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses.

(B) The board shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the board demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest.

(3) The board shall not take discriminatory action under this subchapter against a religious organization wholly or partially on the basis that the religious organization: (A) Is religious; (B) Operates or seeks to operate during a disaster emergency; or (C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution.

(A) Is religious;

(B) Operates or seeks to operate during a disaster emergency; or

(C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution.

(c) (1) A religious organization may assert a violation of this section as a claim against the board in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding. (2) An action under this section may be commenced and relief may be granted in a judicial proceeding without regard to whether the religious organization commencing the action has sought or exhausted all administrative remedies. (3) A religious organization that successfully asserts a claim or defense under this section may recover: (A) Declaratory relief; (B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section; (C) Compensatory damages for pecuniary and nonpecuniary losses; (D) Reasonable attorney's fees and costs; and (E) Any other appropriate relief.

(1) A religious organization may assert a violation of this section as a claim against the board in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding.

(2) An action under this section may be commenced and relief may be granted in a judicial proceeding without regard to whether the religious organization commencing the action has sought or exhausted all administrative remedies.

(3) A religious organization that successfully asserts a claim or defense under this section may recover: (A) Declaratory relief; (B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section; (C) Compensatory damages for pecuniary and nonpecuniary losses; (D) Reasonable attorney's fees and costs; and (E) Any other appropriate relief.

(A) Declaratory relief;

(B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section;

(C) Compensatory damages for pecuniary and nonpecuniary losses;

(D) Reasonable attorney's fees and costs; and

(E) Any other appropriate relief.

(d) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent allowed under law.

(e) This section shall be construed in favor of a broad protection of free exercise of religion.

(f) (1) The protection of free exercise of religion afforded under this section is in addition to the protections provided under federal law, state law, the United States Constitution, and the Arkansas Constitution. (2) This section does not preempt or repeal any state or local law that is equally or more protective of free exercise of religion. (3) This section does not narrow the meaning or application of any state or local law protecting the free exercise of religion.

(1) The protection of free exercise of religion afforded under this section is in addition to the protections provided under federal law, state law, the United States Constitution, and the Arkansas Constitution.

(2) This section does not preempt or repeal any state or local law that is equally or more protective of free exercise of religion.

(3) This section does not narrow the meaning or application of any state or local law protecting the free exercise of religion.

(g) (1) This section applies to and in cases of conflict supersedes any statute that infringes upon the free exercise of religion protected by this section, unless a conflicting statute is expressly made exempt from the application of this section. (2) This section applies to and in cases of conflict supersedes any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of the board's authority that infringes upon the free exercise of religion protected under this section.

(1) This section applies to and in cases of conflict supersedes any statute that infringes upon the free exercise of religion protected by this section, unless a conflicting statute is expressly made exempt from the application of this section.

(2) This section applies to and in cases of conflict supersedes any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of the board's authority that infringes upon the free exercise of religion protected under this section.

(h) If a provision or application of this section is held to be invalid under law, the remainder and the application of the section is not affected.

(i) A religious organization shall bring an action to assert a claim under this section no later than two (2) years after the date the religious organization knew or should have known that a discriminatory action or other violation of this section was taken against the religious organization.

Added by Act 2021, No. 94,§ 3, eff. 2/9/2021.
Ark. Code Ann. § 20-47-804 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-804
Crisis intervention protocol not exclusive - Voluntary stay at crisis stabilization unit
Status: in_force

(a) If during or after the initiation of a crisis intervention protocol under this subchapter a mental health professional or medical professional believes the individual being treated would benefit more from a longer commitment in a residential facility, the mental health professional or medical professional may institute commitment proceedings as authorized under § 20-47-201 et seq. (b) If a commitment proceeding is initiated under § 20-47-201 et seq. in a court with jurisdiction, that proceeding shall control and any custodial detention or treatment as part of a crisis intervention protocol initiated under this subchapter shall cease in lieu of any commitment or treatment ordered by the court. (c) (1) A crisis intervention protocol may be ended before the maximum detention time of ninety-six (96) hours has elapsed, as described under § 20-47-810 , by the crisis stabilization unit that has custody of the individual at its discretion if: (A) The individual in treatment under this subchapter agrees to remain at the crisis stabilization unit voluntarily; (B) The treating crisis stabilization unit reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and (C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit. (2) (A) An individual who remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time. (B) A crisis stabilization unit may: (i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and (ii) As part of the discharge process, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional. Amended by Act 2021, No. 989,§ 2, eff. 7/28/2021. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) If during or after the initiation of a crisis intervention protocol under this subchapter a mental health professional or medical professional believes the individual being treated would benefit more from a longer commitment in a residential facility, the mental health professional or medical professional may institute commitment proceedings as authorized under § 20-47-201 et seq.

(b) If a commitment proceeding is initiated under § 20-47-201 et seq. in a court with jurisdiction, that proceeding shall control and any custodial detention or treatment as part of a crisis intervention protocol initiated under this subchapter shall cease in lieu of any commitment or treatment ordered by the court.

(c) (1) A crisis intervention protocol may be ended before the maximum detention time of ninety-six (96) hours has elapsed, as described under § 20-47-810 , by the crisis stabilization unit that has custody of the individual at its discretion if: (A) The individual in treatment under this subchapter agrees to remain at the crisis stabilization unit voluntarily; (B) The treating crisis stabilization unit reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and (C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit. (2) (A) An individual who remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time. (B) A crisis stabilization unit may: (i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and (ii) As part of the discharge process, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional.

(1) A crisis intervention protocol may be ended before the maximum detention time of ninety-six (96) hours has elapsed, as described under § 20-47-810 , by the crisis stabilization unit that has custody of the individual at its discretion if: (A) The individual in treatment under this subchapter agrees to remain at the crisis stabilization unit voluntarily; (B) The treating crisis stabilization unit reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and (C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit.

(A) The individual in treatment under this subchapter agrees to remain at the crisis stabilization unit voluntarily;

(B) The treating crisis stabilization unit reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and

(C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit.

(2) (A) An individual who remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time. (B) A crisis stabilization unit may: (i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and (ii) As part of the discharge process, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional.

(A) An individual who remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time.

(B) A crisis stabilization unit may: (i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and (ii) As part of the discharge process, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional.

(i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and

(ii) As part of the discharge process, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional.

Amended by Act 2021, No. 989,§ 2, eff. 7/28/2021.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-10-1004 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1004
Prohibiting new admissions - Hearings and appeals
Status: in_force

(a) The Department of Human Services may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the department determines the facility is in substantial compliance. (b) If the department determines to prohibit admissions to a facility, the department shall notify the administrator of the facility in writing, by certified mail or other means that gives actual notice, that the facility is prohibited from admitting any new residents due to a Class A violation and that the prohibition shall continue until the department makes a determination that the facility has corrected the deficiency and is in substantial compliance. (c) (1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services. (2) The department shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request. (3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in § 20-10-208 shall be followed. Amended by Act 2021, No. 1017,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5186, eff. 7/1/2019. Acts 1988 (4th Ex. Sess.), No. 17, § 1.

(a) The Department of Human Services may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the department determines the facility is in substantial compliance.

(b) If the department determines to prohibit admissions to a facility, the department shall notify the administrator of the facility in writing, by certified mail or other means that gives actual notice, that the facility is prohibited from admitting any new residents due to a Class A violation and that the prohibition shall continue until the department makes a determination that the facility has corrected the deficiency and is in substantial compliance.

(c) (1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services. (2) The department shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request. (3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in § 20-10-208 shall be followed.

(1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services.

(2) The department shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request.

(3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in § 20-10-208 shall be followed.

Amended by Act 2021, No. 1017,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5186, eff. 7/1/2019.

Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Ark. Code Ann. § 20-2-105 — AR Code / Title 20 / Chapter 2 / Section 20-2-105
Cash fund
Status: in_force

(a) There is created a cash fund entitled "Minority Health Commission Cash Fund" to be used for expenses of the Arkansas Minority Health Commission as appropriated by the General Assembly. (b) The commission may receive grants and donations made to the commission or amounts received as reimbursement for producing or reproducing literature or reports, which shall be deposited into the State Treasury as cash funds and may be used for reimbursements for expenses of providing seminars or educational activities. Acts 2005, No. 1405, § 2.

(a) There is created a cash fund entitled "Minority Health Commission Cash Fund" to be used for expenses of the Arkansas Minority Health Commission as appropriated by the General Assembly.

(b) The commission may receive grants and donations made to the commission or amounts received as reimbursement for producing or reproducing literature or reports, which shall be deposited into the State Treasury as cash funds and may be used for reimbursements for expenses of providing seminars or educational activities.

Acts 2005, No. 1405, § 2.
Ark. Code Ann. § 20-77-1713 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1713
Deadlines
Status: in_force

(a) The Department of Human Services may not issue a claim denial or demand for recoupment to providers for missing a deadline if the department or its contractor contributed to the delay or the delay was reasonable under the circumstances, including, but not limited to: (1) Intervening weekends or holidays; (2) Lack of cooperation by third parties; (3) Natural disasters; or (4) Other extenuating circumstances. (b) This section is subject to good faith on the part of the provider. Acts 2005, No. 1758, § 1.

(a) The Department of Human Services may not issue a claim denial or demand for recoupment to providers for missing a deadline if the department or its contractor contributed to the delay or the delay was reasonable under the circumstances, including, but not limited to: (1) Intervening weekends or holidays; (2) Lack of cooperation by third parties; (3) Natural disasters; or (4) Other extenuating circumstances.

(1) Intervening weekends or holidays;

(2) Lack of cooperation by third parties;

(3) Natural disasters; or

(4) Other extenuating circumstances.

(b) This section is subject to good faith on the part of the provider.

Acts 2005, No. 1758, § 1.
Ark. Code Ann. § 20-45-303 — AR Code / Title 20 / Chapter 45 / Subchapter 3 / Section 20-45-303
Suicide Prevention Hotline
Status: in_force

(a) (1) The Department of Health shall establish and maintain, to the extent that funding is available, the Suicide Prevention Hotline for the purpose of helping to prevent suicide in the state. (2) The department may contract with vendors to maintain the Suicide Prevention Hotline. (3) The department shall ensure that the Suicide Prevention Hotline employs individuals who have experience working with veterans or are veterans. (b) (1) The Suicide Prevention Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number. (2) The toll-free telephone number under this section shall be known as the "Suicide Prevention Hotline". (3) (A) The Suicide Prevention Hotline shall be part of the National Suicide Prevention Lifeline network by utilizing existing telephone, text, and online chat communications. (B) The Suicide Prevention Hotline shall meet all accreditation requirements set forth by the United States Substance Abuse and Mental Health Services Administration and the National Suicide Prevention Lifeline. (c) All persons may use the Suicide Prevention Hotline to assist in preventing suicide throughout the state. Amended by Act 2021, No. 640,§ 1, eff. 7/28/2021. Added by Act 2017, No. 811,§ 1, eff. 8/1/2017.

(a) (1) The Department of Health shall establish and maintain, to the extent that funding is available, the Suicide Prevention Hotline for the purpose of helping to prevent suicide in the state. (2) The department may contract with vendors to maintain the Suicide Prevention Hotline. (3) The department shall ensure that the Suicide Prevention Hotline employs individuals who have experience working with veterans or are veterans.

(1) The Department of Health shall establish and maintain, to the extent that funding is available, the Suicide Prevention Hotline for the purpose of helping to prevent suicide in the state.

(2) The department may contract with vendors to maintain the Suicide Prevention Hotline.

(3) The department shall ensure that the Suicide Prevention Hotline employs individuals who have experience working with veterans or are veterans.

(b) (1) The Suicide Prevention Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number. (2) The toll-free telephone number under this section shall be known as the "Suicide Prevention Hotline". (3) (A) The Suicide Prevention Hotline shall be part of the National Suicide Prevention Lifeline network by utilizing existing telephone, text, and online chat communications. (B) The Suicide Prevention Hotline shall meet all accreditation requirements set forth by the United States Substance Abuse and Mental Health Services Administration and the National Suicide Prevention Lifeline.

(1) The Suicide Prevention Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number.

(2) The toll-free telephone number under this section shall be known as the "Suicide Prevention Hotline".

(3) (A) The Suicide Prevention Hotline shall be part of the National Suicide Prevention Lifeline network by utilizing existing telephone, text, and online chat communications. (B) The Suicide Prevention Hotline shall meet all accreditation requirements set forth by the United States Substance Abuse and Mental Health Services Administration and the National Suicide Prevention Lifeline.

(A) The Suicide Prevention Hotline shall be part of the National Suicide Prevention Lifeline network by utilizing existing telephone, text, and online chat communications.

(B) The Suicide Prevention Hotline shall meet all accreditation requirements set forth by the United States Substance Abuse and Mental Health Services Administration and the National Suicide Prevention Lifeline.

(c) All persons may use the Suicide Prevention Hotline to assist in preventing suicide throughout the state.

Amended by Act 2021, No. 640,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 811,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-81-112 — AR Code / Title 20 / Chapter 81 / Section 20-81-112
State veterans' cemetery system
Status: in_force

(a) The Department of Veterans Affairs is authorized to establish and maintain a state veterans' cemetery system to serve the veterans, spouses, and eligible dependents of the veterans of Arkansas. (b) The department may: (1) Employ staff to operate the cemetery system; (2) Charge a fee for each interment of an eligible spouse or dependent of a veteran not to exceed the current United States Department of Veterans Affairs interment benefit allowance under 38 U.S.C. § 2303(b)(1) , as existing on February 1, 2021; and (3) At the request of a family member, charge a fee for each disinterment of a veteran, eligible spouse, or dependent of a veteran not to exceed the current United States Department of Veterans Affairs interment benefit allowance under 38 U.S.C. § 2303(b)(1) , as existing on February 1, 2021. (c) The department shall: (1) Promulgate appropriate guidelines for determining eligibility for burial; (2) Establish accounts as are necessary to the orderly administration of the cemetery system; (3) Develop plans and programs which will provide for initial establishment of sites to meet the greatest need and provide for their orderly expansion; and (4) Make applications to federal agencies such as the United States Department of Veterans Affairs and receive federal funding as is available to establish and operate this cemetery system. Amended by Act 2021, No. 387,§ 1, eff. 7/28/2021. Amended by Act 2014, No. 262,§ 12, eff. 7/1/2014. Acts 1997, No. 235, § 1.

(a) The Department of Veterans Affairs is authorized to establish and maintain a state veterans' cemetery system to serve the veterans, spouses, and eligible dependents of the veterans of Arkansas.

(b) The department may: (1) Employ staff to operate the cemetery system; (2) Charge a fee for each interment of an eligible spouse or dependent of a veteran not to exceed the current United States Department of Veterans Affairs interment benefit allowance under 38 U.S.C. § 2303(b)(1) , as existing on February 1, 2021; and (3) At the request of a family member, charge a fee for each disinterment of a veteran, eligible spouse, or dependent of a veteran not to exceed the current United States Department of Veterans Affairs interment benefit allowance under 38 U.S.C. § 2303(b)(1) , as existing on February 1, 2021.

(1) Employ staff to operate the cemetery system;

(2) Charge a fee for each interment of an eligible spouse or dependent of a veteran not to exceed the current United States Department of Veterans Affairs interment benefit allowance under 38 U.S.C. § 2303(b)(1) , as existing on February 1, 2021; and

(3) At the request of a family member, charge a fee for each disinterment of a veteran, eligible spouse, or dependent of a veteran not to exceed the current United States Department of Veterans Affairs interment benefit allowance under 38 U.S.C. § 2303(b)(1) , as existing on February 1, 2021.

(c) The department shall: (1) Promulgate appropriate guidelines for determining eligibility for burial; (2) Establish accounts as are necessary to the orderly administration of the cemetery system; (3) Develop plans and programs which will provide for initial establishment of sites to meet the greatest need and provide for their orderly expansion; and (4) Make applications to federal agencies such as the United States Department of Veterans Affairs and receive federal funding as is available to establish and operate this cemetery system.

(1) Promulgate appropriate guidelines for determining eligibility for burial;

(2) Establish accounts as are necessary to the orderly administration of the cemetery system;

(3) Develop plans and programs which will provide for initial establishment of sites to meet the greatest need and provide for their orderly expansion; and

(4) Make applications to federal agencies such as the United States Department of Veterans Affairs and receive federal funding as is available to establish and operate this cemetery system.

Amended by Act 2021, No. 387,§ 1, eff. 7/28/2021.

Amended by Act 2014, No. 262,§ 12, eff. 7/1/2014.

Acts 1997, No. 235, § 1.